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I don't think there are any legal issues since it's my house but does it seem creepy to use the baby video cameras we have to watch/listen as people go through our house? This would help us figure out what people don't like in order to fix it, almost like they do on those tv shows.
It is probably illegal. Even in one party consent states, if you are recording people without being present it is illegal, especially if you stand to gain a financial advantage in a business transaction.
The reason people might consider this option is because many Realtors fail to realize that their job includes passing along negative/positive showing comments to the seller. Meanwhile, the seller sits for months on a home, not realizing that the wallpaper in the living room and the worn carpet in the master bedroom are major turn-offs for potential buyers
(Just examples, but, I've sold homes where my own Realtor has shown the property numerous times and never come-up with any meaningful feedback. ... Either they are not asking the right questions or are so busy pointing-out the obvious (... and here we have the kitchen cabinets) .. or trying to sell the 'stunning backyard view', instead of actually LISTENING to what lookers are saying.)
If you ask your Realtor what you should change to make the house sell faster, they will undoubtedly have suggestions for you. They will have listened to lots of feedback from different people over the years.
Here are a couple of things that were a turn-off when we were house hunting: It was too cold in one of the houses. The house was a good size, good neighborhood, met most of my requirements. It was only about 40 degrees in the house though and it just felt so uncomfortable and unwelcoming that we only spent five minutes looking.
Another house had an entire wall of crosses hanging up.
And another house had a little wooden frame with a noose hanging from it in the back yard.
It is probably illegal. Even in one party consent states, if you are recording people without being present it is illegal, especially if you stand to gain a financial advantage in a business transaction.
Nothing I record on my property is illegal.
I don't see how you can make that argument, especially if you have signs posted that you have video surveillance (many alarm companies post this).
I don't think there are any legal issues since it's my house but does it seem creepy to use the baby video cameras we have to watch/listen as people go through our house? This would help us figure out what people don't like in order to fix it, almost like they do on those tv shows.
I had my house on the market 7 years ago. I have a 24/7 video surveillance system installed. There is a quite large sign saying so posted all the time. It only bothers those who have bad intentions, good folks are hardly upset about it.
That said; your intentions are all the wrong reasons for using such surveillance in my opinion.
Nothing I record on my property is illegal.
I don't see how you can make that argument, especially if you have signs posted that you have video surveillance (many alarm companies post this).
Expectation of privacy. You are agreeing to vacate the home for a private showing of your property. Also, depending on state, you may not be able to record a conversation that others are having if you aren't party to the conversation.
There is an exception for minor children of course.
In Oregon, you can videotape, but not record conversations unless you are a part of the conversation.
Use your imagination, I am sure you can think of a few things that would be illegal to “record” on your property.
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I don't see how you can make that argument, especially if you have signs posted that you have video surveillance (many alarm companies post this).
I was responding to the OP who made no mention of a posted sign indicating that there was video. He was referring to his baby cam. Even if this was posted it would not cover the “listening” (audio) portion of the recording.
In many states, if you record a conversation without consent, it is illegal. It is not my argument, just the law. OTH, if your state allows it, then it is your right to record.
As a general rule, it will be illegal under federal and most state laws. Even in those states with One-Party consent, you have to be a Party to the conversation. The way around this is to have the real estate agent showing the place agree to the recording as one of the parties and accompany the potential buyers where they are where recording occur.
In California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington, you MUST have the consent of all parties to the conversation.
Now, this pertains to clandestine recordings and can be preempted with consent via personal or implied consent. Personal consent is signing a form saying it’s alright whereas implied consent is entering the area where recordings are occurring after passing a conspicuous posted sign advising the person they are being recorded and by entering it constitutes consent.
It's a big and potentially costly mistake, to assume that just because it’s your house you can record. There have been cases where "hired help" have sued and won due to being recording without any consent. Most new nanny work agreements have the recording clause in. In addition, as parent/guardians of a minor, you can give consent on behalf of that minor satisfying one-party consent legalities.
Most will probably get away with it and never be caught, or nobody will really care. Those who do get caught probably wished they did it right to start.
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