Are Home Buyers Really Being Secretly Watched By Security Cameras?

Here’s an unusual one caveat emptor: Buyers, beware of home sellers who watch you through their own security cameras when you tour their properties. From open houses to in-person meetings with your agent, someone else could be monitoring exactly what you say.

It sounds like a fairy tale, but it’s a real trend that officers are seeing more and more often in California. to GeorgiaWe’ve done some research and spoken to real estate agents about this type of owner-based spying, and found the answers you need if you’re planning to buy a home.

This happens more often and it’s not just a horror story?

Yes, it does happen, and the real estate agents we spoke to weren’t surprised to hear that it’s getting worse. As security cameras have become smaller, more affordable, and easier to use via apps, it’s become more common for homeowners to take a peek when buyers are showing a home.

Home cams have live views, so owners can see what’s happening in real time from anywhere, and most have live audio, so they can listen in on conversations between you and your agent. Since home sellers can often be nervous about who’s in their home and what they’re saying, it’s very tempting to try this out.

Why would someone do this if they want to sell their house?

Owners view these types of tours for a variety of reasons. First, they may simply want to keep an eye on strangers in their home and see how they behave. Second, they are checking to see how well their agent is doing. This can include sore points or comparisons that agents may not have wanted to make in front of the owner. Some sellers have also found agents blocking their security cameras, possibly to increase the privacy of a visit.

Third, and most importantly, sellers will want to listen for comments that indicate a particular buyer is only mildly interested in their home or is completely sold, which can give them a lot of leverage when it comes to making counteroffers or additions to the sales agreement. Additionally, they may want to listen to the buyer’s agents spill the beans about how much they are suggesting the buyer offer or what they think of a current offer, something that has indeed happened before.

Is it legal for sellers to spy on home buyers in this way?

Mostly. Legally, homeowners are allowed to install cameras on their property, and that includes hidden cameras that potential home buyers may not notice. They can’t see people in places where they expect privacy, like a bathroom in their home, but most open spaces are fair game. That goes for both live viewing and video recording. Some homeowners simply let their security cameras pick up motion and save video footage so they can review it later.

Audio is a bit trickier. Owners can listen to live audio whenever they want. But they usually can’t record audio unless they get specific permission from the people viewing the home.

Do laws regarding this type of surveillance differ from state to state?

Not much. Laws on audio recording vary depending on whether states require each party or just one party to consent to the recording, but if an owner is listening in on a conversation instead of participating, he or she cannot give or receive consent. Otherwise, owners are free to listen to audio or view video from their own cameras.

However, state real estate laws also have a say. For example, suppose owners spy on a home inspection and overhear the inspector complaining about a problem they didn’t know about. In that case, the owner may be obligated to disclose that problem to prospective buyers, even if the inspector ultimately didn’t include it in his report. Cam users are also not allowed to use two-way audio to disrupt the inspection in any way, which can be a challenge for some sellers.

How can I detect if a homeowner is watching me through a camera while viewing a house?

When you see a security camera or video doorbell, look for the indicator lights to come on. This is a sign that the camera has detected a person and has started recording. If the indicator lights stay on constantly, someone is probably watching and listening through the camera.

But home buyers have other things on their minds, and staring at security cameras can be an unnecessary distraction. We recommend simply pretending that you’re viewing the property with the owner and your agent. If you want to have a private conversation about offers or other details with your agent, do it by your vehicles, away from the house, to keep the conversation private.

Can I file a complaint with the real estate agent if I see a security camera?

It can, but there’s not much your agent can do about it. You can express your discomfort and your agent can pass that information on to the seller’s agent. If a seller knows that their cameras are making potential buyers unhappy, they may be inclined to remove them.

Are security camera companies okay with this?

Absolutely. As long as the cameras are used legally, security companies are happy to give people a reason to use them again.

Do owners take the security cameras with them?

Usually, especially if it is a single camera that is easy to remove. Some owners leave built-in security systems and wired cameras in to attract buyers, but always make sure to completely wipe these devices with full resets before using them.

As a seller of my house, do I have to use such a security camera?

It can, but if potential buyers notice it, it can make them uncomfortable. A study by LendingTree showed that that 4 in 10 respondents would forgo a sale if they discovered that the salesperson had secretly recorded them. It is probably best to be upfront if you are listening in.

Now you’re ready for surprises when you tour properties with your agent. For more information, check out our guide on when it’s legal to record video in your home , the worst places to put a security camera , and how Airbnb hosts may be using spy cameras, too.