When buying or selling a home in Florida or my area of specialty Kendall and surrounding areas, it's
important to know the rules about surveillance and recording.
As a seller, you might want to keep an eye on who’s entering
your home. As a buyer, you want to feel comfortable and not worry about being
secretly recorded.
Let’s break down what you need to know about Florida’s
surveillance and audio recording laws during home showings—and why it’s a good
idea to have disclosures signed by both parties.
Can You Have Cameras When Selling Your Home?
Yes, as a homeowner, you can have cameras set up around your
property. Many people use them for security, and it's perfectly legal to have
video cameras in most areas of your home. Think living rooms, kitchens, and
outside the house. But here’s the catch: you can’t place cameras in areas where
people expect privacy—like bathrooms.
What About Recording Conversations?
This is where things get tricky. Florida is a “two-party
consent” state, which means you cannot record a conversation unless everyone
involved knows about it and agrees to it.
If you have a camera
that records sound, you need to let potential buyers and their agents know. No
secret recordings allowed! If a buyer finds out they were being recorded
without their consent, you could be facing some serious legal trouble.
Tips for Sellers: Transparency Is Key
If you’re selling your home and have surveillance cameras,
be sure to disclose this information upfront to your real estate agent. Make
sure your agent includes this detail in the listing information for buyers and
their agents, especially if the cameras also record audio. Additionally,
clearly post a “Property Under Surveillance” or similar sign where it can be easily seen
by anyone entering the home.
Tips for Buyers: Be Aware of Your Surroundings
If you’re a buyer touring homes in Kendall or nearby areas,
be aware that some properties may have surveillance cameras. While video
recording without sound is usually not an issue, if you see cameras, assume
they might be recording audio too.
It’s best to keep conversations about price
or negotiation strategies outside the home or save them for a private setting.
Why a Signed Disclosure is Beneficial for Everyone
A signed disclosure helps ensure
that everyone knows about any surveillance devices in the home. This prevents
misunderstandings and keeps everyone on the same page.
Florida requires "two-party
consent" for audio recordings, getting explicit consent from buyers or their
agents through a signed document can prevent potential legal issues. If a buyer
later claims they were recorded without consent, the disclosure serves as proof
that they were informed and agreed.
Transparency in real estate transactions
builds trust. When sellers disclose surveillance devices, it shows that there’s
nothing to hide. Buyers feel more comfortable, knowing their privacy is
respected.
Finally, whether you’re buying or selling in Kendall or the
surrounding areas, understanding Florida’s laws on surveillance and recording
can make the process smoother for everyone.
If you have any questions, I’m here to help you navigate the
Kendall real estate market with ease. Feel free to reach out!