LEGAL: Buyer Beware, you may be on camera

We have had an increasing amount of calls about surveillance in homes lately, and what is and is not allowed. Some of the questions we have received include: Are sellers allowed to keep those cameras on and running, at all times? Can my agent request the camera be turned off during a visit to the property so I can discuss what I like and don’t like about the property? Is the seller really allowed to record my conversation with my agent and then later use it against me when negotiating? Should my client be using the “nanny cam” as a way to hear what potential buyers think about blue tiles, or pale pink walls in the master? 
Why is surveillance even part of the discussion these days?  The use of surveillance to monitor, or even prevent criminal activity is of the utmost importance. There are two reasons why surveillance in the home is beneficial. With increasing concerns over REALTOR® safety, it is safer having cameras on, and to go even a step further, having someone watch the cameras if something were to happen. Click here to read the full article. 
RSAR recently asked Bonnie Drinkwater, Esq. to create a white paper on this very topic.  The goal of this is to create best practices for REALTOR® members when faced with audio/visual surveillance questions. After a careful review of this article along with the white paper, if you still have questions, call the legal information line at 800-748-6999.

By Tiffany Banks, NVAR General Counsel

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