Say Cheese! You Could be on Camera

The 2025 real estate selling season has officially kicked off!

Year after year, the highest volume of showings happens between the start of Daylight Saving Time and the end of July—making this moment prime time for sellers. Not surprisingly, July also sees the highest number of closings, following the surge of showings earlier in the season. If you’re old enough, you might remember the classic TV show hosted by Allen Funt— “Candid Camera” — where hidden cameras captured staged scenarios for laughs. Back in the 1950s and ’60s, those cameras were bulky and tough to conceal, making the pranks all the more impressive.

Fast forward to 2025 and recording technology has come a long way. Devices are now tiny, affordable,

and often undetectable. Since the pandemic, the rise in doorstep deliveries has also brought a spike in

package theft, prompting a surge in doorbell cameras. Today, a large percentage of homes are equipped

with video surveillance, and it’s easier than ever for homeowners to set up high-quality audio and video

systems connected to their home Wi-Fi.  Because it’s now so easy to install home recording systems, new considerations have emerged in the real estate marketing process. While a Seller absolutely has the right to protect their property, it’s

important for listing agents to ask—at the time of listing—whether any active audio or video recording

devices are present in the home. If the Seller plans to record showings, clear notification must be provided to both the showing agent and prospective Buyers. This can be accomplished by noting it in the MLS listing and by placing visible

signage at the front door and inside the home.

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Buyers who are uncomfortable with being recorded have the right to decline a showing. From the Seller’s perspective, it’s worth weighing the potential downside—some Buyers may choose not to view a home if they know they’re being recorded.

From the Seller’s perspective, there’s also a legal risk to consider. In a competitive bidding situation, a Buyer who doesn’t win could potentially claim that a recording device was used in a discriminatory way against a protected class. For this reason, it’s wise for Sellers to consult with their attorney and REALTOR® before deciding to record audio or video during showings.

Buyer agents should advise their clients to assume they are being recorded during a showing—even if no notice has been provided. Today’s recording equipment is incredibly small, affordable, and easy to hide. If a Seller captures a Buyer’s reactions on video or audio, they could potentially gain insight into how much the Buyer likes the property—and even clues about what they might be willing to offer. The best practice during showings is to remain neutral: avoid showing strong emotions, and do not discuss pricing, offer terms, or strategy while inside the home. As the saying goes, “what you say can be used against you”—and in real estate, it could impact your negotiating power. Save those conversations for once you’re back in the car or in a private setting.

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