In today’s world, many people have gotten used to monitoring their homes with surveillance cameras. Nanny cams allow them to watch their kids and keep babysitters honest, and porch cameras allow them to see who’s at the door. Some cameras provide a live feed, while others record video for viewing later. (Some do both.) These are handy appliances, but there are some downsides when it comes to selling or buying a house.

     When selling your house, I highly recommend disabling any surveillance cameras you may have for the same reason I recommend being away while your property is shown to prospective buyers. If people think they are being watched or recorded, they usually aren’t as forthcoming about their concerns. If buyers don’t feel comfortable speaking frankly, it’s bad for everyone.

     If buyers feel uncomfortable sharing information with their REALTOR because the seller is listening from the next room or recording their conversation, things can go sideways. Buyers can jump to conclusions that aren’t accurate. For example, if prospective buyers believe the roof is in poor repair, they may consider the house overpriced. If they voice that concern to their REALTOR, the REALTOR can show them the roof report and either calm their fears or verify their concerns and let them know it’s perfectly reasonable to negotiate a lower price based on the cost of a new roof. Rather than dismissing the house and moving on to the next, the buyers may draft an offer instead.

     Another reason it’s nice for surveillance cameras and audio recordings to be turned off is because it prevents sellers from getting defensive over offhand comments about their choice of décor or how they’ve organized their home.

     Any time a surveillance camera is on the premises where members of the public could be recorded, a notice must be posted. If your house is for sale and you have active recording devices, you must inform visitors. If you have them installed but turned off, put a sign up to that effect, so people know.

     The legal statutes around privacy can get you in hot water if you don’t disclose that you’re collecting information. For video recording, the courts have adopted a standard called the "reasonable expectation of privacy." At home, you can mostly do what you like in common areas, but you cannot set up a cam to record video in a bedroom, bathroom or changing room without explicit consent, even in your own home. (Baby nurseries don’t count – those are fine.)

     The expectation of privacy is even more important if neighbors are pointing security cameras at you. No one can film you without your permission on private property, like filming your backyard or through your windows.

     When it comes to audio, the Federal Wiretap Act and similar legislation limits what you can record. In California, everyone involved needs to give their consent to have a conservation recorded. It is never legal to record a conversation where people haven’t given consent.

     Finally, a word to the wise: home surveillance cameras and devices like Alexa and Google (that respond to voice cues) are not designed for high security. It may be a myth, but I heard of a situation where a family got call from a friend who received a voice recording of everything the family had just been talking about. Also, I cannot be the only one who has suddenly been bombarded with ads related to a topic I was just discussing in the presence of my devices.

     With regard to real estate sales, give people their privacy and you’ll be fine. And for buyers, if you don’t feel comfortable discussing your concerns during a showing, jot down notes and bring them up later. REALTORs can only do their best work if they understand your concerns, needs, and priorities.

     If you have questions about property management or real estate, please contact me at [email protected] or call (707) 462-4000. If you have an idea for a future column, share it with me and if I use it, I’ll send you a $25 gift certificate to Schat’s Bakery.

     Dick Selzer is a real estate broker who has been in the business for more than 45 years. The opinions expressed here are his and do not necessarily represent his affiliated organizations.