Steven Clark

Buyers Beware: Some Home Sellers May Be Recording You

In the Bay Area's crazy real estate market, here's something besides hot prices to think about: hot mics.

Some home sellers are using security cameras to record what potential buyers are saying when they shop. It is a privacy concern that is becoming more common. Recording what people say while they tour a home is now raising both moral and legal questions.

"The key here is what is the expectation of privacy? And are you disclosing to those people that you are going to be recording them?" Legal analyst Steven Clark said.

While video is usually OK, recording someone's voice without permission is typically against the law. Clark said it is best to let everyone know a camera is on.

"In order to make the process legal, the best practice is to inform people that there are cameras rolling and you are being audio taped," Clark said.

Real estate agents tell NBC Bay Area they regularly inform their clients to be aware and that they are likely on camera. 

It is also a sign of the times. Homes are full of technology with in-home security cameras and nanny cams.

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