Navigating Security Cameras in Home Showings

Many homeowners use security cameras and smart doorbells to monitor their property inside and out. While these devices enhance safety, they can also record during showings. As a buyer’s agent, you should assume that you and your clients are being recorded at all times.

Homeowners may use surveillance footage to gauge a buyer’s interest, potentially influencing negotiations. If discussions about pricing, budget, or repair concerns are shared with the seller, it could weaken the buyer’s position.

Legal Considerations

When showing homes, it is essential to be aware of potential surveillance cameras and the legal liabilities that could arise. In an era where smart home technology is growing, agents must exercise caution to protect their clients and themselves. The key points to remember:

1. Recording Audio Without Consent is Illegal – In Canada, it is illegal to record private conversations without the consent of at least one party involved.
2. Video Surveillance in Private Spaces – Homeowners can have video surveillance, but they must avoid recording areas where visitors expect privacy, such as bathrooms.
3. Disclosure Requirements – Homeowners are not always required to inform agents or buyers about cameras. If an agent suspects recording, it’s best to proceed with caution.

Understanding Liabilities

Failing to recognize the risks of surveillance could lead to legal issues or loss of client trust. Making negative remarks about a property can result in a defamation claim. A seller recording a conversation, and gaining confidential buyer information, can affect the transaction outcome. Therefore, to ensure privacy and trust throughout the process all parties need to be aware of these risks and take appropriate measures.

Best Practices for BUYER’S Agents

• Possible Cameras – Advise clients to assume they are being recorded. Keep conversations about pricing, negotiation, features, or personal opinions, until after leaving the property.
• Check the Listing for Disclosure – Some listings may indicate whether surveillance is present. Review the MLS listing and confirm with the listing agent if necessary.
• Report Suspicious Surveillance – If you notice a camera in an unexpected or inappropriate area, document it and report it to the listing agent.

Best Practices for SELLER’S Agents

• Encourage Sellers to Disable Cameras – While it is not illegal to have security cameras, it is best practice to turn them off during showings to ensure buyers feel comfortable.
• Avoid Recording Audio – If cameras must remain active, ensure that they do not record conversations to avoid legal risks.
• Disclose Surveillance Devices – If the home has active cameras, include a disclosure in the listing description and notify the buyer’s agent before showing.