2020 brought a lot of people right up to our front doorsteps. On top of the regular amount of packages we have delivered, we are now having groceries delivered, take out food brought to our door, and even drive up birthday parties.
With this increased of foot traffic, there is a definite need for added security to ensure the safety of our home and family. Many homeowners have tackled this problem by adding security systems and video doorbells.
As a homeowner, you should be aware of the privacy laws that are in effect in Colorado so that when you go to sell your home, you aren't inadvertently recording someone and setting yourself up for a date at the courthouse. And by the way, this information is for informational purposes only. Please consult an attorney to get the full details on these laws and how to properly enforce them.
Let's take a look at a recent article published by the Colorado Division of Regulatory Agencies with information regarding privacy laws for both audio and visual recordings taking place during home showings.
Audio Surveillance
Unless notice is given to the public and the device is used on one's own property for business or security purposes, there needs to be consent of at least one person in the conversation for audio recordings to take place.
Therefore, it is generally inappropriate for a homeowner to record conversations between a buyer and their real estate agent because neither of those parties have given their consent for the recording to take place and the homeowner is not part of the conversation.
Video Surveillance
The privacy laws for video recording are such that people are prohibited from filming another without their consent in situations where they would expect reasonable privacy. So you will need to ask yourself if the potential home-buyer and their agent would have reasonable expectation that they would be recorded in that particular area of the camera location. Clearly, they would expect privacy in a bathroom and therefore a camera there would be prohibited.
Best Practices
SELLERS - FULL DISCLOSURE
Posting a sign and informing your real estate agent that recordings are taking place are the best first steps. A sign will make it very clear and your agent can also inform all of the potential buyers and agents that recordings are taking place on the property. This way, everyone will be in the know and there is less likelihood that they will claim they were unaware of the recordings.
BUYERS - BEHAVE ACCORDINGLY
If you are touring a home, it may be wise to assume that there are audio and visual surveillance devices in use. Based on this, you may want to reserve your private conversations for a location where privacy is certain and also act in such a manner that you would want others to see.
If you have any more questions on how to ensure the safety of your home and family while selling your home, give us a call or send us a message here...
