Many people use Ring doorbells and other surveillance/security cameras inside and outside their home these days. It can be very beneficial when you are trying to prevent someone from stealing your packages, but when selling a home you must be knowledgeable of the laws in your state when using equipment that captures video and audio of others.
When assisting a Buyer purchasing a home, I recently experienced a situation with a Seller that may have been illegal but at the very least it was unethical. At the initial viewing and inspection, I informed the Buyers that the Sellers had a Ring doorbell and warned them not to discuss anything about the house while on site. The inspection identified a roof leak, the Seller’s agent assured me the Seller would take care of the leak or give a credit at closing. I accompanied a Roofer to the home to obtain a quote to repair the leak.
Real Estate Recordings on Ring Doorbell
The Roofer and I were alone outside when we had a conversation about the roof leak, it was on the walkway approximately 25 feet away from the Ring doorbell; the Roofer told me he would email me the repair quote later. The next day, I notified the Seller’s agent of the repair amount for the leak.
The Seller’s agent then informed me that the Seller had listened to the Ring recording and would only be providing a portion of the repair estimate based on the conversation I had with the Roofer. The Seller used their Ring Doorbell to record my conversation with the Roofer and took a portion of our conversation out of context. The Seller decided to reduce the dollar amount they were willing to provide to the Buyer as a credit for the repair.
FLORIDA STATUES FOR VIDEO AND COMMUNICATIONS
Florida Statutes sections 810.145(5)(b) – (c) and 934.03(2)(d) covers Florida law for Videos and Communications, respectively. The state of Florida requires all parties involved in a conversation to consent to having their voices recorded. If there is no Audio, then there should be a sign or notice in plain sight that Video equipment is in use.
When I list a property, I now ask a Seller if they have Audio and/or Video recording equipment in use. If they do, I notify all Buyers and other Realtors of this fact. When I am showing property to a Buyer, I tell them to assume they are being recorded, even if cameras are not in plain sight, and not to discuss the home in great detail while on the premises. If you are Selling property and have any type of recording devices, please research the laws in your state or country. Always consult with an attorney if you have any questions.
