Because security cameras and microphones are now so technologically advanced, concealable, undetectable, and ubiquitous, best to inform everyone….all REALTORS®, buyers, sellers, tenants, landlords, guests, and service providers may want to always behave as if constantly under surveillance.
Potential buyers and tenants may only want to discuss the property when off-site at a secure location. Perhaps, communicate with notepads or texts while inside the property.
Because the law is catching up to technology, any surveillor should be recommended obtain legal counsel before surveillance. Never put cameras where someone has a reasonable expectation of privacy. No bathroom cameras, etc. Monitoring/intercepting conversations not party to could be a risk for other laws.
SCR residential forms excerpts:
27. SURVEILLANCE: Seller agrees to abide by any laws and regulations regulating audio and video surveillance of the Property and persons entering the Property including agreeing not to use any surveillance in areas where persons have an expectation of privacy such as restrooms. Seller agrees that Broker may or may not disclose potential surveillance as Broker deems necessary including signage on the Property and in advertising/marketing.
19. SURVEILLANCE: Buyer is advised that properties they enter may have both audio and video survelliance. Broker advises buyer to be aware of possible surveillance and conduct any and all communications about the potential property offsite.
Posted by: Byron King on 12/08/20 (This information is only accurate as of 12/08/20. You must contact SCR for updates and changes to this information after 12/08/20 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)