Surveillance Issues

//Surveillance Issues

Surveillance Issues

Current best practices for listed residence:

Recommend sellers obtain legal counsel before using microphones because of potential wiretapping/eavesdropping laws/issues.

Considering mentioning in all advertising/communications and even a small posted sign at the listing: "Property subject to surveillance at any time. By entering the Property you consent to surveillance (e.g cameras, microphones, eyes, ears)." That is an accurate statement because the Seller and or listing licensees might utilize cameras/microphones (e.g. security systems, video cameras, still cameras, visual/infrared, motion cameras, Alexa, baby monitors, satellites, mobile phones, recorders, laptops, desktops, pads, neighbors’ security/doorbell cameras, CCTV) or human surveillance can occur (e.g. neighbors looking out windows, sellers in the house, listing agent drives by during the showing, people walking down the street, law enforcement patrols).

SCR updated listing agreement SCR221 which has a section 25 SURVEILLANCE. SCR220 and SCR210 are slated to have similar updates which have been posted online for member feedback for about a year (see below).

https://www.screaltors.org/wp-content/uploads/Forms/221.pdf

In today’s society, the best practice is everyone considers themselves under audio and video surveillance at all times.

Buyers should be warned to only communicate confidential information (e.g. top price, negotiating strategy, motivation to buy) in secure spaces via secure means. Buyer reps should educate buyers.

There is no South Carolina case law on this home surveillance issue except for "peeping Tom" type cases, so no cameras anywhere anyone has an expectation of privacy. Since emergencies occur during showings, best to not put cameras in bathrooms even though there may be prescription drugs in the cabinets.

Sellers should secure at all times during the listing/showings all valuables, weapons, drugs, pets, children, alcohol, pilferables, personal/sentimental items, identity theft information, and anything not desired to be seen or easily taken. Listing reps should educate sellers. Sellers should obtain legal counsel on surveillance issues/laws.

There are real-world issues that run into the laws. Society and surveillance are evolving faster than the laws. A South Carolinian’s home is their sacrosanct castle which most South Carolinians and South Carolina laws recognize can be defended by security cameras and probably even security microphones. Law enforcement might be hesitant to try and arrest a regular homeowner on wiretapping or eavesdropping or electronic surveillance issues when the homeowner is using common security systems that most people today have in their homes, offices, vehicles, etc.

View drafts of our upcoming forms and give us your feedback.

Recently Updated & Proposed Changes to SCR Forms

SCR released new versions of the forms listed below on September 1, 2017. This mid year change was primarily a risk management change to the earnest money language. You can view the changes as highlighted by clicking the links below:

New Forms:

Recently Updated Forms:

Check out our most recent webinar for a run down on these changes – SCR 310 Changes, Proposed Changes, & Discussion of other Forms

Click the links below to view proposed changes for the annual forms update in January 2018.

Proposed Changes to SCR Forms:

Proposed Update to SCR300/310 Appraised Value (contingency):

10. APPRAISED VALUE:

This Contract is ¨contingent ¨not contingent upon the Property being valued according to the Lender’s appraisal or other appraisal as agreed upon by the Parties ________________________________ (“Appraised Value”) for the Purchase Price or higher. If the Parties are made aware that the Appraised Value is less than the Purchase Price and the Seller Delivers Notice to the Buyer within 5 Business Days or Closing (whichever earliest) of an amendment to reduce the Purchase Price to the Appraised Value, the Parties agree to proceed to Closing under terms of this Contract with the Purchase Price amended to be the Appraised Value. If Seller is aware and refuses to reduce as stated above, Buyer shall promptly decide and promptly Deliver Notice to Seller whether Buyer shall proceed to Closing or promptly terminate this Contract by promptly Delivering Notice of Termination to the Seller. Buyer shall request Lender/appraiser to promptly complete the appraisal (e.g. no later than 5 Business Days prior to Closing, 3 Business Days prior to Closing, _________________________________).

SCR forms committee, forms advisory committee, audience, and two SCREC commissioners met at the Annual Conference in Greenville on August 30th to work on the agency forms (buyer/seller). You can download a copy of the agenda/minutes from that meeting here.

Please provide any comments or recommendations regarding these proposed changes to your SCR Legal Team at legal.

Please note: These are draft forms and have not been finalized. Please do not use these forms in their current state until they have been accepted & approved by the SCR leadership. Once approved, the forms will be updated and posted to SCREALTORS.ORG and your zipForm® library. You can also contact SCR for a license to upload SCR forms into your preferred vendor’s library.

Posted by : Byron King on 8/7/18 (This information is only accurate as of 8/7/18. You must contact SCR for updates and changes to this information after 8/7/18 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)

By |2018-08-07T12:15:57+00:00August 7th, 2018|Legal FAQs|0 Comments

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