With the prevalent use of video surveillance and “nanny cams,” buyers viewing homes for sale might wonder if someone is recording their comments and actions. Let’s examine the legality of this in Ohio. Note that audio and video recording laws vary according to state laws.
Is it legal for the seller to use video and audio equipment on his property during showings? In Ohio, it is legal for a seller to use surveillance video equipment as long as it is not in a room where there is an expectation of privacy, such as the bathroom. Audio equipment, however, has stricter requirements. In Ohio, at least one person being recorded must give consent to the recording. That means that either the buyer or the buyer’s agent would need to be aware of the recording and give consent, since sellers are not typically present at showings. Violations of these laws are considered 4th degree felony.
As a buyer, you have the right to instruct your agent to request your consent to such recordings if he or she is made aware of them. As good practice, a listing agent might include comments in MLS (which only your agent would see) that surveillance and/or audio recording was being used along with a request for consent. Also following good practice, a seller should post visible signage that surveillance equipment is being used during showings, although there is not a legal requirement to do so. Any audio recordings would require consent prior to the showing and should be given to the seller in writing by the buyer or buyer’s agent.
Buyers should always use caution when viewing someone else’s home. Keep in mind that there is always the possibility of surveillance equipment being used, so refrain from doing or saying anything in the home that you would not want a seller to see or hear.