Modern technology has made it easier than ever for homeowners to monitor and secure their homes. Whether it’s a nanny cam, smart doorbell or baby monitor, there are numerous ways for live and remote monitoring. However, the increased surveillance creates concerns about privacy and liability when buying or selling a home.
California is a “two-party” consent state, which means that it is a crime to record or eavesdrop on any confidential communication without the consent of all parties involved. Confidential communication is classified as conversations in which one party has an expectation that no one is listening to the conversation. When real estate transactions are at hand, there are tens of thousands of dollars that can be lost if confidential information is recorded. Therefore, in order for recordings to be legal, all parties must be informed that they are being recorded.
In an effort to better serve our agents, we have now added the language about video/surveillance to all the reports that are shared with agents and clients, including the Open House Report, Public Records Report and IDX websites. Additionally, you now have the option to select “Audio/Video Surveillance” under the Disclosure field in SLIMM.