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Here's an interesting article from Realtor.org with a chart showing whether or not your state need one party or all party consent to being recorded:
Does Your State Allow Clients to be Recorded?
In Connecticut, all parties must consent to being recorded.
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Hello Pat & Wayne. I primarily work with home buyers, and would hope a listing agent would be as concerned for alerting me about the potential to compromise my clients' privacy as they would be to make certain that I didn't let Fifi get out of the house.
Personally, I do advise my client's to not discuss anything confidential inside any property we enter. We will talk out in the yard or in the car afterward. If they have a question while viewing, I will write it down and suggest discussing it later.
As for touching or handling personal items in someone's home, I cover that in advance. The old "Break it--you buy it" rule, and being aware that we do not want to upset a potential seller with who we may be in negotiations. The Golden Rule always applies.
IF I were the listing agent, I would (1) caution sellers about audio recording, and (2) explain that with their consent, I prefer to advise the showing agent of the potential for security monitoring being on. As for catching thieves, it is much better to deter theft than to hope you can recover stolen items. Further, I would caution sellers of potential for theft being greater when valuables are not put away and secured. Safety Deposit boxes make a lot of sense when you have strangers roaming through your home.
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I would think that I should disclose this if I knew they were doing it. (Except for maybe a couple of agents that I really don't care for!)
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Assume that there are concealed cameras in every home toured, whether buyers are with you or not.
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Home buyers and their agent should assume the presence of video cameras in any homes they visit. Audio recording can easily violate many state laws.
The need for disclosure would depend upon the state law.
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First of all I would be checking for the lawfulness of this. I know for my buyers, if I thinkthat is happening, I will tell them so.
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Good question. Sellers should monitor activity but I hope they have audio turned off. We discuss pricing and strategy at the house sometimes.
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In NY it would be mandatory to inform everyone one involved that they are being filmed.
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I'm not an agent but have viewed a home where there was a home monitoring system. Of course, we were on our best behavior. These days, you have to assume that someone is watching you.
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I am so far behind the times that never even entered my thought process. I can imagine the Nightline guy walking up as you are walking out and asking why you the agent told the buyer to forget about this house...or whatever!!
I would want to know as the showing agent. Perhaps there are laws on the books in some locations and I would not think it would be illegal to eavesdrop if you did not compromise the buyers bargaining position.
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I would mention is only to let them know comments made might be heard by the sellers.
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Agents should always assume they are being filmed and recorded in someone elses property. i wouldn't warn anyone. If they were planning on stealing something, I want them to be caught. Each person should know disclosure laws in their state.
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I'd let it go.... agents need to be professional when showing a home and there's no reason to forewarn....
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I would point out the security features including remote monitoring FIRST.
Let the buyer beware.
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Since 99% of the homes we list and tour have sophisticated security it's a given that someone somewhere is probably watching your every move. I might mention it to associates who are not regularly familiar with that particular market.
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Verrrrry interesting question. I think I would warn the agents. They, at the very least, may want to restrict all their comments (and those of the buyer) while in the home.