It is very normal in this day and age for homes to have advanced home security and home monitoring devices, especially the luxury and mountain homes in the Summit and Park County area. These audio and video security devices allow you to monitor the temperature of your home; you can install water shut-off devices in case you are having a leak or your crawl space temperature drops to prevent pipes from freezing. You can check who’s at your front door or close your garage doors or even window shades from your phone for extra safety and security. These things allow you to feel safe and comfortable, knowing that your home is monitored and protected while you are at work or out exploring the Summit and Park County area.
Audio and video security devices are justifiably used in homes for security purposes. However, should they be used as a means of obtaining information on prospective buyers and their real estate brokers? Or to acquire confidential information about a prospective buyer? Of course not. Besides being unethical, the improper use of these devices could possibly result in civil or criminal liability. It is important to be mindful of such audio and video surveillance devices as both a buyer and seller.
Rules About Audio and Video Security Devices
In Colorado, audio surveillance needs the consent of at least one participant to the conversation before a recording can take place, unless the eavesdropping device is used on one’s own premises for security or business purposes and notice is given to the public. (See §18-9-304 and 305, C.R.S.) Because the seller is not present and not participating in the conversation between a prospective buyer and their real estate agent, the one-party rule does not apply and they are not allowed to record a conversation. A seller must also follow state law and give proper notice that such surveillance is present.
In Colorado, privacy laws prohibit anyone from visually recording another without consent in situations where the person has a reasonable expectation of privacy. (See §18-7-801, C.R.S.) In this case this would apply in situations where a buyer is using a bathroom, for example.
What I Advise My Sellers
The reality is that once set-up, most owners have no idea how to turn the devices off, and the hassle of doing this prior to showings is an unrealistic expectation. As a listing broker working with sellers that have audio and video surveillance, I always advise them to disclose this by clearly stating it on a sign at the front door. It doesn’t hurt to point this out to the buyer’s agent so that they can point it out to the potential buyers either. I also disclose the presence of audio and video surveillance in the MLS comment field to draw further attention to it.
What I Advise Buyers
When working with buyers, I often just assume there will be audio and video recording systems on the premises. I give the buyers a heads up that video cameras may be in use and to tour the property as if the seller were present onsite. This is why I advise my buyers to keep all discussion about the house we are touring until after we exit the home and have left the property. This means waiting until in the car or even the office, as a lot of homes have surveillance devices outside as well.
How Can I Help?
I hope this information on the use of audio and video security devices in Summit and Park County homes was useful for you. If you have any more questions, I would appreciate being a part of your buying or selling experience. Please reach out if you are needing buying or selling guidance or help in the Summit or Park County area. I will also continue to provide you with relevant and up-to-date information.
If you would like more information on how the Summit County Area Real Estate Market is doing, you can also sign up for my detailed monthly market report by clicking this link.
Best Regards,
Scott M. Lindblom
Associate Broker
Coldwell Banker Mountain Properties
