Understanding the Implications of Smart Cameras
Selling a home involves many considerations, and one often overlooked aspect is the use of smart cameras. While these devices offer security and peace of mind, they can also pose risks when your home is on the market. Although I am not an attorney, I have researched this topic extensively and consulted experts. Here’s a summary of what homeowners in Fredericksburg, Virginia, should keep in mind when using smart cameras during a home sale.
Many of us have invested in smart home cameras like Nest’s Dropcams to keep our homes safe and check in on family throughout the day. These devices commonly allow homeowners to view and listen to the inside of their homes remotely. However, several laws limit how homeowners can use these features to monitor buyers or other visitors.
Listening or Recording a Home Buyer’s Visit
Let’s start with the audio aspect.
Can a homeowner listen in on a buyer visiting their home for a showing or inspection?
The short answer is that without some form of consent, probably not. Federal wiretapping laws come into play, and almost every state has specific regulations about recording people without their consent. In Virginia, things are slightly different. Virginia allows you to record a conversation you are part of without the other party’s consent, known as the “One Party Consent” rule. However, recording or listening to a conversation between two other individuals without their consent is prohibited. At the time of writing, Virginia classifies this as a Class 6 Felony. You can verify this in section 19.2-62 of Virginia law.
Video Streaming or Recording a Home Buyer’s Visit
The video aspect is trickier because technology often outpaces legislation, making the rules less straightforward. Currently, there is no law in Virginia expressly prohibiting you from using your camera to view visitors in your home. The closest regulation is rule 18.2-386.1, which makes it illegal to video or photograph someone who is nude or partially nude without their consent. If a buyer is nude or partially nude in your home, you have bigger issues than this regulation!
Can I watch a homebuyer in my home via video?
Remember that most smart home or IoT cameras allow both audio and video recording. No one will believe you are not listening in as you watch. The broader consideration is not whether it’s good practice to watch people on camera but how it could affect you if the buyer realizes you’ve been monitoring them. Trust is a crucial part of a successful real estate transaction. If buyers feel spied on, it could damage their trust and make them less likely to make an offer on your home.
Creating Informed Consent
If you’re concerned about keeping your surveillance gear in place while selling your home, there are ways to protect your interests. We create informed consent as a way to safeguard you. We start with laminated signs outside the home at each entrance, with a friendly and inviting disclosure about the presence of these devices. We also include this information in the comments we leave for agents in the multiple listing services, so they can inform their buyers. These are some techniques we use to inform consumers about these devices, allowing buyers to decide whether to enter the home knowing that surveillance is in place.
Protecting Your Interests
Of course, these are just initial steps. There are more strategies we employ to protect your interests and help attract motivated buyers. If you’re thinking about selling your smart home, give us a call. We can guide you through the process and help you navigate any special considerations that arise. Feel free to reach out to us with any questions!