Unfortunately, a handful of buyers and buyers reps sometimes misbehave in listings.
#1 issue, bathroom break then hunt for opioid pain killers.
Some thoughts.
Always tell buyers to assume surveillance and behave in listings. Never discuss confidential information when surveillance is possible. Cameras and microphones are so small now.
Cameras are legally safer than microphones.
Cameras never in areas with an expectation of privacy (e.g. bathroom).
Microphones, this is unsettled law. Home is defendable. There are wiretapping and eavesdropping laws. These two legal viewpoints are bound to collide on this issue. Don’t be the test case.
Sellers should disclose surveillance to the listing brokerage. Probably a good idea to use signage on premises "Smile you are being surveilled, behave! Don’t do or say anything you don’t want seen/recorded."
Remove or secure on site (safe/vault).
Drugs (all of them, prescription and other, alcohol, beware the restroom break search for painkillers)
Weapons (theft, injury/liability)
Valuables (e.g. cash, jewelry, clothing, electronics, identity information, art, antiques, credit/debit/gift cards, coins, collections, pilferables, sentimental items, personal items)
Minors/pets/animals/vulnerable individuals
Cameras from restrooms (expectation of privacy)(cameras in other areas for security)(buyer reps should educate people in listings to assume surveillance and use good judgment/behavior, watch kids)
Microphones in listings (consult legal counsel regarding wiretap/eavesdropping laws)
Dangers (e.g. trip hazards, spills, loose rugs, proper lighting, handrails, weak flooring/railing)
Anything that someone could steal or use in a manner that sellers do not want to occur…anything that could harm someone.
Beware the potential buyers leaving doors/windows unlocked for later entry/burglary. Secure the property upon departing.
Beware the potential buyers where one creates a distraction while the others do bad things in the listing.
Beware the buyer rep becoming distracted and not paying attention (e.g. on the mobile phone)
Use good judgment in listings. Don’t speak ill or in jest of the property or the contents. Obey laws. Obey common courtesy. Leave/restore the property as you found it. Alert the listing rep asap on any issues.
Photography/Videography in the listing (consult legal counsel first, best to get seller’s written permission first, some sellers are hypersensitive on this issue)
Posted by: Byron King on 04/04/19 (This information is only accurate as of 04/04/19. You must contact SCR for updates and changes to this information after 04/03/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)