Is Recording Home Buyers Illegal?

Recording Home Buyers May Be legal

Joe Parker and Garrett McCaw have had both home buyers and sellers ask about recording people when they look at a home. After reading an article on the subject they thought a short video would be helpful. Below Joe’s video we also have our own thoughts on the subject of recording home buyers. Please feel free to share this with others and let us know if you have any questions .

Joe’s Video Regarding Home Sellers Recording Buyers in Their Home

For several years articles have been written about home sellers listening in on buyers and agents as they tour a home for sale. In 2012, the Iowa Gazette published one of the first such pieces entitled, Home Sellers Recording Would-Be Buyers. In that article it was suggested that recording people in your home was perfectly legal, however, this is not the case in California.

Is Recording Home Buyers Legal?

Recording or eavesdropping on people without their knowledge or consent is legal in many States, but California is not one of them. California’s Constitution has language on this subject that has resulted in interpretations designed to protect unknowing people. The constitution loosely says:

All people have an inalienable right to, among other things, “… pursuing safety happiness and privacy.” This protection does not extend to public spaces where they can reasonably expect to be overheard or recorded. In non-public places people can assume the belief of privacy and confidentiality.

The California Association of Realtors has addressed home buyer concerns regarding privacy in the standard listing agreement used by California Realtors. In the agreement, Sellers are advised to post a notice to prospective buyers and agents disclosing the presence of security cameras and/or recording devices.

Home sellers might be tempted to ignore CAR’s advisory. Heck, it’s only our nanny cam or we have a right to monitor people entering our home. In fact, you do as long as you disclose the fact you may be being recording them.

What is the Risk of Recording Home Buyers?

As we said, in many states there is no risk, but there is in California. California has privacy laws that speak to this subject. Basically, it says:

A person who, intentionally and without the consent of all parties to a confidential communication… shall be punished by a fine not exceeding $2500.00 per violation or imprisonment in a county jail not exceeding one year or a state prison, or both the fine and imprisonment.

Conclusions from the Santa Barbara Group on Recording Home Buyers

Whether disclosed, as required by law or not, we are not fans of home buyers being recorded. It sets a bad tone and experience. We want the potential home buyer to feel comfortable, to hang out and imagine living in the property. If they feel they are being recorded, it is unlikely they will feel relaxed.

The small chance of getting helpful negotiation information is heavily outweighed by the probability of creating a bad experience.

We believe our home sellers do best when they spend time and thought on creating ways to help people fall in love with the home so powerfully they will wildly want the home.

The Santa Barbara Group at Berkshire Hathaway HSCP
Joe Parker and Garrett McCaw