In this day and age, recording activity both inside and outside our homes has become almost standard practice. But what about when the time comes to sell your home? Many home sellers are encouraged to leave the premises so they aren’t underfoot during showings by their real estate agent, but does that mean that you can’t still keep an eye on proceedings?

The answer to this is tricky, since laws vary from state to state. In Florida, Chapter 934 of the Florida Statute states that hidden cameras can be used in a home, with the exception of areas where privacy is expected such as bathrooms and bedrooms.

However, if you plan to record audio, you are required to receive consent from all parties being recorded. Otherwise it’s considered illegal wiretapping, which is a criminal offense on both the State and Federal level.

If you still want to record the showing for your home, the best way to go about it is to have your real estate agent give notice to home buyers that you have one or more cameras set up for security purposes. It’s better to use cameras that don’t record audio so you don’t have to contend with the extra legalities, but if the cameras do record audio, disclose this fact as well.

So the answer is yes, you can record the showings to your home, but no, you should absolutely not do it secretly if your camera can record audio. Otherwise you could end up on the wrong side of the law and most certainly won’t be able to use the recording in court.

That being said, just because you can record your home’s showing doesn’t mean you should. Consider that many home buyers may be uncomfortable with the idea of their movements and conversations being monitored, and that the feeling of being watched could distract them from what they should truly be focusing on: your home. Additionally, it could cause tension that bleeds through to negotiations, so weigh whether your need for additional security is more important than your potential home buyers feeling welcome and comfortable.

DISCLAIMER: We are not attorneys, the information contained in this blog post is provided for educational purposes only as well as to give you general information and understanding. It should not be considered or construed as legal advice.

At Title Junction, we care about helping you stay informed throughout your real estate transaction. The experts at our title company have extensive knowledge about real estate not only in Cape Coral and Fort Myers, but all of Florida as well.

Have questions? Give us a call at 239.415.6574.

In case you missed it, check out our last Title Junction post: How Long Do Lenders Keep Loan Records?

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