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February 14, 2019

Security Cameras & Audio Recordings in Listings

Recently Tennessee Realtors® addressed a question about audio recordings through home security systems. Here'sd the question and response:
Q: Regarding security cameras with audio in listings, if we are the listing agent do we have to let the buyer know about this? If we are the buyer’s agent, are we required to ask the seller if they have cameras with audio?

A: Let’s look at applicable state law and recommended best practices.

In Tennessee, a person may record oral conversations where either the person is a party to the conversation or at least one of the participants has consented to the recording, per TCA §39-13-601(b)(5). A person may not photograph or record, for the purpose of sexual arousal or gratification, a person when the person has a reasonable expectation of privacy if the image would offend or embarrass an ordinary person, per TCA §39-13-605(a).

If you have a listing and the seller has recording devices in place, it is advisable to disclose this to each person looking at the house. You can disclose this in the MLS listing or in emails to buyer’s agents. Just be sure the disclosure is in written form.

Tennessee law re: audio recordings says that a person may record if they are a party to the conversation or if they have the consent of one of the participants. Under this, you would be wise to have a potential buyer sign a consent form to being recorded before entering a house with a recording device.

As a buyer’s agent, it is good practice to remind your clients this is a possibility before entering any house. If this is a concern to your client, you may want to ask each listing agent (via email) before entering a property whether or not there are recording devices. Then you will have written documentation that you asked and whether or not the agent disclosed.

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