Am I Allowed To Record Potential Buyers In My House?

When you decide to sell your property, you are most likely going to need to allow potential buyers into your home to look at it. These potential buyers are most likely going to be strangers. And, no, it is UNLIKELY you are going to vet them before they arrive. So, you may ask: am I allowed to record them while they are in my house?

Short answer: yes.

Longer answer: it depends on what kind of recording equipment you use. And whether you alert the parties involved that you are recording them. And there are different rules based on the KIND of recording you do.

Am I Allowed To Record VIDEO of Potential Buyers In My House?

Yes. And, most importantly, according the Texas Association of Realtors, you don’t even need to post a sign announcing video surveillance on private property.

You do not need to post signage stating that a property has video surveillance devices capable of recording. Video recording is generally allowed anywhere on private property except where there is a reasonable expectation of privacy, like a bathroom.

Am I Allowed To Record AUDIO of Potential Buyers In My House?

In short, no. Audio recording is different.

The Federal Electronic Communications Privacy Act and the Texas Penal Code prohibit audio recordings without the consent of at least one person involved in the conversation. Want to find out how you can get permission of potential buyers (AND THEIR AGENTS!) to be recorded when they are in your home? Speak to an attorney!

Let me conclude with two points:

1. Sellers. You are likely going to eliminate a number of would-be buyers by asking to record them. People simply don’t like to be recorded.
2. Buyers. Even though it would be illegal for a homeowner to record your conversation without your permission, ALWAYS save your conversations for when you are outside the property. Real estate transactions are a negotiation. If you give away your feelings about a house (especially if you love it), you are weakening your negotiating power. Assume you are being recorded even though you shouldn’t be!

If you are a buyer, touring homes should be fun. But please be careful what you say. You dont own that house yet!