What Sellers Should Know About The Risks of Recording Buyers

 

If your home has smart technology that records video or audio, it’s essential to know the legal risks involved when your property is being viewed by potential buyers. Recording people without their knowledge could land you in legal trouble.

In Texas, illegally recording someone is a felony, and individuals who are unlawfully recorded can sue for $10,000 per incident, along with additional damages, attorney’s fees, and court costs. As a seller, here’s how to stay compliant with the law while your home is on the market.

1. The “One-Party Rule” Won’t Protect You

The Texas “one-party rule” allows recording your own conversation, but it doesn’t extend to conversations you’re not part of, even if they occur in your home. Recording buyers’ conversations without their consent during a showing is illegal.

2. Be Cautious with Video

Silent video recordings from security cameras are usually permissible, but they must be in non-private areas of your home (e.g., exterior, foyer, garage). Recording in private spaces like bathrooms or combining video with audio can cross legal boundaries.

3. Visitors’ Privacy is Protected by Law

Just because buyers are in your home doesn’t mean you can record them without restrictions. Texas law protects visitors’ privacy, and courts have sided with individuals when homeowners overstep with surveillance.