FAQ: Are Home Sellers Watching Through Cameras When You're Touring a Home?

A rumor is on fire in the real estate world: Sellers are beginning to spy on homebuyers through existing security cameras when they tour homes. Caveat emptor indeed! But there's a lot to wonder about this dubious use of home security.

First, is this real or an urban myth? It really is a trend (here's a case about a three-bedroom house in Georgia), although not all home sellers are interested in doing it. We took a hard look, talked to some realtors about this kind of spying and found the answers everyone looking to buy a home should know.

This happens frequently and it's not just a spooky story?

Yes, it's really happening, and the realtors we talked to weren't surprised to hear it's getting worse. As security cams get smaller, more affordable and easier to use via apps, it's become more common for homeowners to take a peek when buyers are scheduled to visit a home. 

Home cams come with live views so owners can see what's happening in real-time from anywhere and most have live audio so they can listen in on conversations between you and the real estate agent, too. Since home sellers can often be on edge about who's in their home and what they're saying, it's very tempting to try this out.

Shelf cameras give a quiet look at a room and allow users to listen in, too.

Why would someone trying to sell a home do this?

Owners take a look at home tours like this for several reasons. First, they may just want to keep an eye on strangers in their homes and how they behave. Second, they're looking at how good of a job their realtor is doing. That can also include sore points or comparisons that realtors may not have wanted to make in front of the owner. Some sellers have caught realtors blocking their security cameras, too, possibly to increase the privacy of a visit.

Third -- and the key point -- sellers are watching for any comments that indicate a specific buyer is just mildly interested in their home or completely smitten, which can give them a lot of leverage when it comes to making counteroffers or additions to the sale agreement. Along with this, they may want to listen to buyer's agents spill the beans on how much they suggest a buyer offer or what they think about a current offer, something that has indeed happened before.

Is it legal for sellers to spy on home buyers like this?

Mostly. Legally, homeowners can place cameras on their property and that includes hidden cameras that potential home buyers may not notice. They can't view people in places with an expectation of privacy, like a bathroom in their home, but most open rooms are fair game. That includes both live viewing and taking video recordings. Some owners may just let their security cams pick up motion and store video recordings for them to take a look later.

Audio is a bit trickier. Owners can listen through live audio whenever they want. But they can't usually record any audio unless they get specific permission from the people touring the home.

With sellers listening in, you should be careful what you say when inside their home, especially about your offer plans.

Do laws about this kind of surveillance vary by state?

Not much. Audio recording laws vary depending on whether states require every party or just one party to consent to the recording, but if an owner is listening in on a conversation instead of participating, they can't give or receive consent. Otherwise, owners are free to listen to audio or watch video from their own cams.

However, state real estate laws also have their say. For example, suppose owners spy on a home inspection and hear the inspector complain about a problem they didn't know about. In that case, the owner may be obligated to disclose that issue to any future buyers, even if the inspector didn't ultimately include it in their report. Cam users also aren't allowed to use two-way audio to interfere with the inspection in any way, which can be challenging for some sellers.

How can I detect an owner spying through a cam when I'm touring a home?

If you spot a security camera or video doorbell, you can watch for indicator lights to turn on, which is a sign the camera has detected a person and has started recording. If indicator lights stay on constantly, then someone is probably watching and listening through the camera.

But homebuyers have other things on their mind, and staring down security cams can be an unneeded distraction. We suggest simply pretending that you are touring the property along with the owner as well as your agent. If you want a private conversation about offers or other details with your agent, do it by your vehicles well away from the house to keep the conversation private.

Reolink's 4K cam, ready for 24/7 recording if necessary.

Can I complain to the real estate agent if I notice a security camera?

You can, but there's not much your agent can do. You could mention it makes you uncomfortable and your agent could pass that info along to the seller's agent. If a seller knows their cameras are making potential buyers unhappy, they may be inclined to take them down.

Are security camera companies okay with this?

Absolutely. As long as the cameras are used legally, security companies are happy that people have another reason to use them.

Will owners take the security cameras with them?

Usually, especially if it's a lone camera that's easy to take down. Some owners may leave built-in security systems and wired cameras as a way to attract buyers, but always make sure these devices are completely wiped with full resets before you start using them.

If I'm a home seller, should I use a security camera like this?

You can, but if potential buyers notice it may make them uncomfortable. In fact, a LendingTree survey showed that 4 in 10 surveyed would back out of a sale if they discovered that the seller had been secretly recording them. It's probably best to be upfront if you're listening in.

Now you're set up and ready for any surprises when you're visiting properties with your realtor. For more information, take a look at our guide on when it's legal to record video in your house, the worst spots to place a security camera and how Airbnb hosts may be using spy cameras, too.