Most of us barely notice our smart home devices anymore. The Ring doorbell catches package thieves. The Nest camera lets us check on the dog. Motion alerts buzz our phones so often that they’ve become background noise in daily life. Security cameras are no longer unusual – they’re practically standard equipment in modern homes.
But something funny happens when a house hits the market.
Suddenly, those everyday devices become little digital hall monitors, and some sellers simply cannot resist the temptation to peek in on showings. Sometimes it’s innocent curiosity. Other times, it turns into full-on surveillance.
I’ve had sellers tell me after the fact that they watched every showing live from their phone. I’ve also had a seller call me in the middle of an active showing to “correct” something they heard being discussed about the property. Imagine standing in a kitchen talking with buyers while the homeowner is essentially listening from a remote undisclosed location like some kind of real estate Batman. It’s awkward. It’s invasive. And in California, it can also become a legal problem very quickly.
Here’s the issue: Video generally is not the biggest concern. Audio is.
California is what’s known as a “two-party consent” state under Penal Code §632. That means recording or listening to confidential conversations without the consent of everyone involved can create serious legal exposure. Buyers touring a home often discuss highly personal information: finances, motivation, offer strategy, family circumstances, repair concerns and opinions about the property. Sellers who capture those conversations through smart devices may unknowingly step into dangerous territory.
And let’s be honest – buyers assume they’re being watched these days. Most people walk into a home and spot the doorbell camera immediately. What they may not expect is that someone could also be listening to every word being said in the living room.
That’s where sellers need to be careful.
Visible video cameras used for normal home security purposes are one thing. Recording audio during showings is another. Hidden devices are an even bigger issue, especially in areas where people have a heightened expectation of privacy.
The safest approach? Turn off audio recording during showings and open houses. Keep security devices visible and limited to ordinary areas like entrances and exterior spaces. Sellers can still protect their property without crossing legal lines or creating unnecessary drama during negotiations.
Many agents now include showing instructions advising buyers that security devices may be present and that they should not assume they are unobserved while on the property. That transparency protects everyone involved.
Technology has made our homes smarter, but sometimes smart devices make people do not-so-smart things. When your home is on the market, protecting your property is reasonable. Secretly listening to negotiations from your couch? That’s where the welcome mat can quickly turn into a legal landmine.
Theresa Grant is a real estate broker and columnist covering Lake Arrowhead, Crestline, Running Springs, and the surrounding mountain communities. Reach her at (909) 442-1345 visit www.HomesInLakeArrowhead.com, and follow her on social media @TheresaGrantRealtor. Theresa is a Broker Associate with REAL Broker Technologies. DRE#01202881.
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