As homes become smarter, real estate agents and home buyers are increasingly finding there’s an extra set of eyes and ears on them as they tour properties for sale. In a 21st-century version of the “nanny cam,” Realtors describe everything from old-fashioned security cameras to newer contraptions tracking their conversations and actions. The rise of these wired home sellers is raising fresh concerns about privacy, courtesy and legality in a transaction that’s already fraught with emotion and potentially full of pitfalls.
Post by WanderingWinoZ on Mar 14, 2018 13:42:01 GMT -5
I think this whole situation is really interesting &!raises so many issues. We are renting a beach house through VrBO & their contract specified that they had cameras- outside only but I disliked the thought of being watched, but I’d probably do the same thing if I rented out my fancy beach house.
we used cameras when we sold and caught the buyer's agent in a lie and reporter her to state board.
What? How did this happen and why would you report it?
I guess I don't know enough about lying vs. professional license. If the buyer's agent said, "well, let's offer this and then see if they counter to what you want." it's just negotiating, but if they say, "you don't need carbon monoxide detectors in a house you're selling" that's a lie, but it could be just that she doesn't know the rules well.
This isn't new. Anyone remember the real estate agent hookup video that aubergebride posted on the nest?
I personally feel like any private house should have to disclose cameras. They should have the right to have them, but people should have the right to know they are being recorded.
This isn't new. Anyone remember the real estate agent hookup video that aubergebride posted on the nest?
I personally feel like any private house should have to disclose cameras. They should have the right to have them, but people should have the right to know they are being recorded.
I'm here. I think that if you open your house to buyers to visit, you should have to disclose if there are cameras and that they are being filmed. But I don't know if there is any legislation on nanny cams or anything that requires you to disclose, so it's probably legal to just film anything in your own house.
Post by rondonalddo on Mar 14, 2018 13:53:44 GMT -5
When we bought 8 years ago, our agent wouldn't discuss business or ask what we thought of the house until we were out of the houses we were looking at because of cameras/recorders.
This isn't new. Anyone remember the real estate agent hookup video that aubergebride posted on the nest?
I personally feel like any private house should have to disclose cameras. They should have the right to have them, but people should have the right to know they are being recorded.
I'm here. I think that if you open your house to buyers to visit, you should have to disclose if there are cameras and that they are being filmed. But I don't know if there is any legislation on nanny cams or anything that requires you to disclose, so it's probably legal to just film anything in your own house.
Not a lawyer and could be totally wrong, but I can't imagine having an expectation of privacy in someone else's home--especially if the someone else is a stranger.
I'm not necessarily opposed to having to disclose the presence of recording devices, but folks should behave as though those devices are there--whether they know it or not--if they're on someone else's property (bathrooms excepted, and I'm not talking about being an actual guest in someone's home--if I'm spending the weekend at Cousin Sally's, there'd better not be a camera in my room).
we used cameras when we sold and caught the buyer's agent in a lie and reporter her to state board.
What did she lie about? Wouldn't any lying help sell your house? That sounds like a good thing; and you reported her? This may be the second hill I die on two days, lol.
This isn't new. Anyone remember the real estate agent hookup video that aubergebride posted on the nest?
I personally feel like any private house should have to disclose cameras. They should have the right to have them, but people should have the right to know they are being recorded.
YUP! Just like recording a conversation in many states. The second party should have knowledge without a doubt.
Post by carrierroe on Mar 14, 2018 14:22:01 GMT -5
As a REA, I always warn my clients that there may be cameras. My biggest concern is discrimination. Buyers should be judged on the terms of their offer and nothing else.
On my local mommy FB group a woman had nest cameras in her house. The realtor let a potential buyer bring her dog in and the dog peed on the rug. Then the realtor denied the whole thing when the couple called the office manager.
we used cameras when we sold and caught the buyer's agent in a lie and reporter her to state board.
What did she lie about? Wouldn't any lying help sell your house? That sounds like a good thing; and you reported her? This may be the second hill I die on two days, lol.
It was during the inspection phase. She lied about what the termite inspector said. She was trying to get $$ out of us. There were no termites or any evidence of termites ever but she wanted us to buy a termite contract for her clients because she got a kickback from termite company.
As a REA, I always warn my clients that there may be cameras. My biggest concern is discrimination. Buyers should be judged on the terms of their offer and nothing else.
just show me the $$$...
I hated our buyer's agent (she used to live next door to me)... but they made an above asking offer and I wasn't about to turn that down despite my hate for their agent.
Post by itsmyparty on Mar 14, 2018 15:17:57 GMT -5
Cameras don't have to be disclosed, but in almost all states audio recording (including cameras that include audio) must be disclosed. It's no different than a phone call. It can be done with a highly visible sign, so if potential buyers see the sign and still decide to tour the home and discuss it, it's assumed they're OK with their conversations being recorded.
Post by fuckyourcouch on Mar 14, 2018 15:20:44 GMT -5
We have a doorbell camera. There’s a big sign for the security company and all that in front of the porch. We specifically warned buyer agents about the alarm system. Yet when we sold our last house, every agent and buyer stood around on the porch discussing their feelings about the house. Which the doorbell happily recorded as a visitor.
Cameras don't have to be disclosed, but in almost all states audio recording (including cameras that include audio) must be disclosed. It's no different than a phone call. It can be done with a highly visible sign, so if potential buyers see the sign and still decide to tour the home and discuss it, it's assumed they're OK with their conversations being recorded.
Is this based on a legal decision? I did a quick look earlier and found that it seems to be a gray area with video (with audio) recording in a private house you own and are selling. Some lawyers were advising REAs saying that you should do disclosure during selling just in case and others are saying you have a reasonable right to privacy in your own home, even while selling, and that state disclosure laws don't apply since it's a private home. I was wondering the same and if there is precedent saying you have to disclose the audio part, but I am no lawyer and couldn't find a sure answer either way.
Cameras don't have to be disclosed, but in almost all states audio recording (including cameras that include audio) must be disclosed. It's no different than a phone call. It can be done with a highly visible sign, so if potential buyers see the sign and still decide to tour the home and discuss it, it's assumed they're OK with their conversations being recorded.
Is this based on a legal decision? I did a quick look earlier and found that it seems to be a gray area with video (with audio) recording in a private house you own and are selling. Some lawyers were advising REAs saying that you should do disclosure during selling just in case and others are saying you have a reasonable right to privacy in your own home, even while selling, and that state disclosure laws don't apply since it's a private home. I was wondering the same and if there is precedent saying you have to disclose the audio part, but I am no lawyer and couldn't find a sure answer either way.
In states that require two party consent to record someone I don't think you can't use the excuse of being in a private home to get around it. I'm thinking of phone calls or hidden tape recorders.
Cameras don't have to be disclosed, but in almost all states audio recording (including cameras that include audio) must be disclosed. It's no different than a phone call. It can be done with a highly visible sign, so if potential buyers see the sign and still decide to tour the home and discuss it, it's assumed they're OK with their conversations being recorded.
Umm....yeah...this is very state specific and in many cases just a note notification of a recording device is not legally proper notification.
People are weird with this video shit. I really don't want to hear about how shitty my paint colors are or watch my husband scratch his nut sack.
When we bought 8 years ago, our agent wouldn't discuss business or ask what we thought of the house until we were out of the houses we were looking at because of cameras/recorders.
We did the same thing when we were house hunting in 2016. My agent was VERY aware of the possibility of cameras, both inside and out. We would wait until we were back in the car.
If we REALLY wanted to find out what the other was thinking, we'd ask if they liked a song/movie/band. So if I thought the house was promising, I'd say "Hey H, did you see blah blah movie? What did you think?" And his answer would really be an opinion on the house. It would move us along faster on the days we looked at lots of houses.
Seems like that would be pretty easy code to crack. “Hey, H, did you see Call Me By Your Name?”
“Why yes. I thought the characters were strong but the dining room was oddly shaped and we’d need another bathroom.”
Post by mrs.jacinthe on Mar 14, 2018 18:51:35 GMT -5
My broker requires us to have sellers disclose the presence of cameras and has a disclosure form for buyers indicating that they may be watched live or recorded. The concern is discrimination and losing a negotiating edge.
I try not to talk in houses during a showing, if I can, unless it's to answer a question.