As a buyer…
Before you walk into a home, you need to be prepared that there may be a camera in the home. As our technology becomes “smarter”, and can be linked to smart phones via applications(apps), you need to be prepared. Cameras, security systems, motion detectors, and even the “chromes and Alexas” are more readily accessible than they were a few years ago. Even doorbells are becoming more high-tech and video ready. You don’t need to freak out, you just need to be cognizant.
1.Discuss negotiation conversations outside of the home.
2.Be completely neutral in opinions while walking through the house.
3.All else fails, behave like you are on camera.
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.”
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.
Happy Homeownership,
Kelly Raulston, REALTOR®
Reliable and Ready