As a seller…

According to the article “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.”

However, in regards to video” The ECPA does not prohibit video recording. In fact, silent video-like from security cameras-is generally allowed as long as it isn’t in an area where an individual would have a reasonable expectation of privacy.”

In the Greater Tyler Association of Realtors Multiple Listing Service (GTAR MLS), in addition to other questions that need to be answered, these two also need to be answered:

1. Is there any audio or video recording devices in the home? If so, audio, video, or both?

2. Do you allow the buyer permission to do audio or video recordings in your home? If so, audio, video, or both?

As part of my professional services, I offer to sellers the option of virtual walkthroughs of the home. This is a great way for buyers to tour your home without actually entering your home. This helps with out of state buyers, or people who need to get a "feel" of the layout first. This also allows for physical showings to be more purposeful, as the "looky loos" can just use the virtual walkthrough.

If you do not want buyers to take their own audio or visual recordings of your home, that is completely fine! I just need to know, so that I can inform other real estate agents. But please note, if you deny buyer recordings, you are also in a sense denying "Facetime" showings as well. I personally am not a fan of the "Facetime" showings because the perception is off, and sometimes the picture is not clear, and it goes by too quickly...

Now, are you as the seller planning on leaving the cameras, or are you planning on taking them. That is a conversation that needs to be had prior to listing your home.

According to the One to Four Family Residential Contract (Resale) that is Promulgated by the Texas Real Estate Commision (TREC) “The house, garage and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any… television antennas,mounts and brackets for televisions and speakers, … security and fire detection equipment, wiring, …garage door openers,…and all other property owned by Seller and attached to the…described real property.”

From an article written by Wes Bearden on November 01, 2017 “Is Your Seller’s Surveillance Putting Them At Risk”.

If you as the seller are wanting to take the cameras with you, then they will need to be excluded from the sale.

Kelly Raulston

“Reliable and Ready” REALTOR® since 2016. I was born in Monroeville, Pennsylvania, but was raised in Texas since 1997. When I found out we were moving to Plano, Texas, I remember looking forward to riding a horse to school and a brand-new pair of cowboy boots! Growing up in Plano prepared me to be competitive, quick, and to have a strong work ethic. I graduated from Stephen F. Austin State University in Nacogdoches, Texas. Axe’em Jacks! That is where my love for East Texas began. The nature, warm smiles, football games, and community values can't be beat! I graduated summa cum laude with a degree in Interdisciplinary Studies. I was a middle school math teacher in Tyler, Texas. I met my husband, Travis, in Sunday school, and we have been married since September 2016. I love being a REALTOR® in East Texas! Relationships are genuine, the area is beautiful, and the market is rockin’! I am an involved REALTOR® to better the community. Some of the organizations I am involved with are: The Professional Development Committee, Texas Real Estate Political Action Committee, and Tyler Educational Networking Group. Some awards I have won were “The Hustle Award” in 2016, and “Rookie of the Year” in 2017. When I am not working with my clients, I like to spend quality time with my friends and family doing the following: running, target practice, read and participate in book club, and playing with my dachshund Greta.
972-989-0057 Contact Kelly