Safest risk management is (1) seller discloses audio/video surveillance and (2) buyer behaves legally/respectfully inside the listing and (3) buyer never speaks confidential information inside the listing (e.g. I would pay full price for this house! I love this house. If overheard, this info could harm the buyer’s negotiating position.)
Issues with security surveillance (audio/video) are relatively new. So, no controlling case law in SC…yet.
Prior to all showings, sellers should secure all valuables, weapons, prescription drugs, alcohol, children, pets, sentimental items, identity theft info, questionable items, dangerous items, all pilferable items, etc.
Consider posting a listing sign that video and or audio surveillance is being conducted.
Some listing companies post surveillance notice in their listing information.
If no microphones are used in a listing, then no wiretapping/eavesdropping issues.
So just cameras in non-privacy expected areas is a safer risk management strategy regarding eavesdropping/wiretapping crimes than cameras and microphones.
Competing issues. A court may eventually resolve this tension in the law. Don’t be the test case.
1.
A listing home is the owner’s castle and can be protected in legal ways against buyers who may try to steal opioid prescriptions and valuables or vandalize the listing or leave the window/door unlocked for a later burglary.
versus
2.
Peeping Tom statutes criminalize camera viewing/recording in areas where someone has an expectation of privacy (e.g. bathroom in listing). A judge might consider a Peeping Tom crime to be a sex crime and put the convicted on the sex offender registry for life.
Eavesdropping/wiretapping statutes criminalize listening/recording conversations when not a party to the conversation (e.g. buyer rep talking to buyer is taped by the seller).
Posted by : Byron King on 4/12/18 (This information is only accurate as of 4/12/18. You must contact SCR for updates and changes to this information after 4/12/18 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)