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I haven't looked at any houses because we're not planning on moving soon, but I thought I'd put this thread in, just so people are aware that it could happen.
Knowing this, if I was WAS looking at a house, I think I'd say the truth but in a nice way unless it would be a total dump. I'd also watch my language because I tend to have a potty mouth at times lol.
I dunno Canadian laws, but in the US, it's legal to audio record in your own home but not video and audio.
excuse me, you can video, but NOT audio...
and of course you can run a video camera of your kids birthday party. that's an inane point to make in this discussion.
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Both the Federal Electronic Communications Privacy Act (ECPA) and Section 16.02 of the Texas Penal Code prohibit audio recordings without the consent of at least one individual who is part of the conversation. The Texas rule, commonly referred to as the one-party rule, requires at least one party to consent to recording conversations. What that rule allows is any individual to covertly-and legally-record his own conversations with a broker, neighbor, or other party.
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The Electronic Communications Privacy Act ("ECPA") was passed in 1986 to expand and revise federal wiretapping and electronic eavesdropping provisions. It was enacted to create promote " the privacy expectations of citizens and the legitimate needs of law enforcement." Congress also sought to support the creation of new technologies by assuring consumers that their personal information would remain safe.
ECPA included amendments to the Wiretap Act, created the Stored Communications Act, and created the Pen Register Act. The Wiretap Act concerns interception of electronic and wire communications, which include "any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection.” An oral communication is "any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation"; this constitutes any oral conversation in person where there is the expectation no third party is listening.
Individuals who violate ECPA face up to five years in prison and fines up to $250,000. Victims are also entitled to bring civil suits and recover actual damages, in addition to punitive damages and attorney's fees, for violations. The United States itself cannot be sued under ECPA, but evidence that is gathered illegally cannot be introduced in court.
Never go to, say, the Sundance Film Festival and say "movie." People will look at you as if you had beans for breakfast, lunch & dinner and then nature took its course.
I would think it would be helpful to sellers if for instance several people commented on how dark a hall was or some such thing that they could then remedy before future showings.
In our current house there were signs in almost every window saying there were cameras, however the house had sat empty for ten years and had almost no viewings over that time, [except, funny enough, from a film crew for the movie "Super 8".
Anyway there were in fact no cameras and I doubt they would have run any with that little activity.
I'd be less worried about the seller hearing opinions of the decor than about them hearing something that's useful information for negotiating.
I agree - when we were looking for houses I would walk through some saying how much I loved the house or I could see this child in this room and that room would be perfect for our oldest... Our agent cautioned me to not "gush" in the event that the home owner was recording. I didn't get the feeling that she cared if I said the wallpaper was dated or the bathroom was cramped.
Well I've got the gift of gab. And sometimes people can't handle the truth of what I say. Im sure Im saved on someone's cloud as my voice is very deep and distinguishable lol
and of course you can run a video camera of your kids birthday party. that's an inane point to make in this discussion.
"Electronic Communications Privacy Act of 1986 (ECPA), 18 U.S.C. § 2510-22.
Background. The Electronic Communications Privacy Act and the Stored Wire Electronic Communications Act are commonly referred together as the Electronic Communications Privacy Act (ECPA) of 1986. The ECPA updated the Federal Wiretap Act of 1968, which addressed interception of conversations using "hard" telephone lines, but did not apply to interception of computer and other digital and electronic communications. Several subsequent pieces of legislation, including The USA PATRIOT Act, clarify and update the ECPA to keep pace with the evolution of new communications technologies and methods, including easing restrictions on law enforcement access to stored communications in some cases.
General Provisions. The ECPA, as amended, protects wire, oral, and electronic communications while those communications are being made, are in transit, and when they are stored on computers. The Act applies to email, telephone conversations, and data stored electronically."
Casual conversation in a private home are not within any of the categories to which the ECPA applies.
I agree - when we were looking for houses I would walk through some saying how much I loved the house or I could see this child in this room and that room would be perfect for our oldest... Our agent cautioned me to not "gush" in the event that the home owner was recording. I didn't get the feeling that she cared if I said the wallpaper was dated or the bathroom was cramped.
Exactly. We also sometimes discussed actual details of our plan. How many other homes are we seriously considering? What price can we really afford? How soon do we need to pick a house?
Just one wrong sentence overheard by the seller could give away a lot of negotiating power.
If I were a buyer, I wouldn't be worried about hurting the homeowner's feelings, except in how it might influence their willingness to sell to me. What I'd be worried about is if they heard me and my spouse discussing our bargaining strategy, what our top offer might be.
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