Kathy Mehringer
Broker of Record, Compass
Today, it is common practice for property owners, as well as tenants, to record and maintain detailed video surveillance of both the interior and exterior of the property. While it should go without saying, it is important to note that our behavior should be governed accordingly.
Not because we're being watched but because it's the right thing to do. When we're in someone's home, we have a sacrosanct responsibility and should always keep that at the forefront of our minds and remain mindful of that responsibility in everything that we say and do while touring or showing property.
When visiting properties with buyers, they need to understand the ground rules up front which include but are not limited to:
Children must be supervised by their parents AND;
Cannot be allowed to run wild in the home or on the property.
There is no good reason for anyone to touch the seller's possessions OR;
Intrude on their privacy by peeking into drawers and other private areas.
Remind buyers before a property tour that there is a strong likelihood that there will be surveillance in and around the property; caution that they should be mindful not only of their actions but also of their words. Here are a few tips to keep in mind:
Be conscious of your conversations and activities. When hosting open houses, conducting showings, or viewing properties listed for sale, assume you are being watched and recorded, both inside and outside the home.
Avoid inappropriate behavior. Avoid engaging in activities such as (i) eating or touching food/drinks, (ii) sitting or lying on furniture, (iii) opening drawers or cupboards, and (iv) while this one is hard to believe - keep in mind, the pool is not there for prospective buyers' enjoyment. Not even for a quick “toe dip” on a hot day!
Refrain from commenting on the home or occupants. Avoid making comments about the property, its condition, perceived value, or the people who live there.
Understand the seller's discretion on surveillance disclosure. Paragraph 11 of the Residential Listing Agreement ("RLA") includes language stating that persons visiting the property may not be aware of audio or visual recording devices installed by the seller.
Remember: “Integrity is Doing the Right Thing Even When No One is Watching.”
***NOTE: The decision to post a notice disclosing the existence of security devices is at the discretion of the seller.
Disclaimer: This article is designed to provide accurate and authoritative information regarding the subject matter covered. It is offered with the understanding that the author and publisher are not engaged in rendering professional advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Articles which appear in this publication are an informational service to members. Their contents are the opinions of the authors alone and do not necessarily represent those of SDAR.
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