Is this acceptable for a house sale?

[Coonhound]

I know that my friend has several nanny cams, one in each room, but she told the nanny about them when she was hired, basically a "Just so you know, we have cameras and will be checking in often" warning. I think that employees would do a better job knowing that they were being filmed.

Right but I'm saying if you had a nanny cam and didn't tell (I don't think most people tell, because they want to see how the nanny REALLY acts alone with the kids) then wouldn't having a nanny can be illegal?
Just so you know I'm just supposing I get that it's illegal to record conversations without consent and everything but I guess I'm just thinking of situations that wouldn't it violate that law. Like nanny cams.
A friend of mine also has security cameras with sound, and they are all around her house.

 

[MickeySP]

Why can't you out cameras or recording devices in your own home? I get it's illegal, but I guess I don't get why. It's your house. It's not like you're going into someone else's home and secretly recording them. It's your house.

You have to inform anyone if they are being recorded like posting a sticker saying there is home surveillance

 

[sonnyjane]

Right but I'm saying if you had a nanny cam and didn't tell (I don't think most people tell, because they want to see how the nanny REALLY acts alone with the kids) then wouldn't having a nanny can be illegal?
Just so you know I'm just supposing I get that it's illegal to record conversations without consent and everything but I guess I'm just thinking of situations that wouldn't it violate that law. Like nanny cams.
A friend of mine also has security cameras with sound, and they are all around her house.

I guess I'd rather tell the person right away that they are being filmed so that they are on their best behavior as opposed to trying to "catch" them doing something wrong down the road. It would set a precedent right off the bat. Plus if there ever WAS a crime of some sort, you'd want evidence to have been procured legally so that there was no trouble when it came to court. Honestly I see no reason to have a nanny cam and NOT tell them. If you have suspicions that your nanny is doing something wrong and aren't comfortable with them there, then you let them go.

 

[Hrhpd]

It is legal in all 50 states to have a video-only nanny cam in public areas of the home, even without the nanny's permission, as long as you are using it for your own use like monitoring for child abuse.

Audio has completely different laws.

http://blogs.findlaw.com/blotter/2013/05/are-nanny-cams-legal.html

 

[sonnyjane]

It is legal in all 50 states to have a video-only nanny cam in public areas of the home, even without the nanny's permission, as long as you are using it for your own use like monitoring for child abuse.

Audio has completely different laws.

http://blogs.findlaw.com/blotter/2013/05/are-nanny-cams-legal.html

Cool thanks for clearing that up!

 

[A_Princess'_Daddy]

But don't people have nanny cams and not ell the nanny because that would defeat the purpose?? Sometimes those have sound and sometimes they don't.

I suspect the reason is that a true "nanny cam," used to observe an employee, i.e. the nanny, would be legal is because generally the law protects people from being recorded when they have a reasonable expectation of privacy but the courts have pretty much unilaterally held that employees do not have a reasonable expectation to privacy in their workplace. In other words, your employer can legally spy on you in most states (if not all) unless you have contractual protections against it.

Regardless, I don't think it's a good idea to record prospective buyers touring your home for many reasons, not least of which is that the nanny cam exclusion would not likely apply here (although whether prospective buyers in your home have an expectation to privacy is something that might be debatable).

 

[Cannot_Wait_4Disney]

Why can't you out cameras or recording devices in your own home? I get it's illegal, but I guess I don't get why. It's your house. It's not like you're going into someone else's home and secretly recording them. It's your house.

Most of these recording laws were implemented after powerful people got caught with their hand in the cookie jar. That's why we have them.

 

[Coonhound]

It is legal in all 50 states to have a video-only nanny cam in public areas of the home, even without the nanny's permission, as long as you are using it for your own use like monitoring for child abuse.

Audio has completely different laws.

http://blogs.findlaw.com/blotter/2013/05/are-nanny-cams-legal.html

Ok, that explains it/answers my questions. Thanks

 

[BadgerGirl84]

You must insist on feedback from your realtor--she is not doing her job.

We get quick and easy feedback after each showing automatically. The buyer's agent gets an email automatically with a form to fill out for feedback. When they send it, we automatically get a copy of it. Pretty simple. Our realtor can follow up with the buyer's agent as needed.

 

[nugov2]

There was just a dateline special about realtors getting busted for using their houses a hook up place to cheat on their spouse. They had all kinds of video, but I guess the key is the no audio part.

 

[3boymthr]

Can I admit that given my dad's experience with selling my grandmother's house I'd be tempted to post a small sticker about surveillance on the screen door and put up the nanny cams (and if audio was legal in my state I'd use that). My grandmother had collectibles/antiques and some of them were stolen when the house was shown by various realtors (not sure who stole the stuff but $1,000 plus was taken over a variety of showings).

 

[LJSquishy]

Well, hopefully it wasn't a mistake to choose a "friend" realtor...it usually is.

How long is your contract with her? Regardless, you shouldn't text with her if you aren't getting the info you need. Give her a call and ask her about feedback. I'd be pretty ticked if I were you! Remember, YOU are paying HER --- SHE works for YOU. If she is not doing her job, you need to address your concerns.

I think it's funny you wrote your own description of your house...I was prepared to do the same because I'm very controlling (lol) but actually our realtor wrote a beautiful description on her own. We did end up taking our own home photos, though...we took them a couple of days before she came and it's a good thing because she showed up with a little point & shoot camera (we have an older Nikon D50). She loved our photos and since we live in the house we knew the most flattering angles, etc.

 

[Ero_FL]

We're CONSIDERING (haven't done so) hiding a digital recorder during showings to see what people have to say about our house. Do you think this is okay if it's only for our use and we don't know who the people are personally? I'm just so curious to know what folks think, would you do this?

Good jumping jackrabbits no!

I'm glad people pointed out that it's illegal in your state. It is in mine as well.

 

[LBIJim]

Only if you are doing a reality TV show!

Didn't HGTV have a show where people remodeled certain rooms, then real estate and design experts came in to evaluate the remodel? The home owners watched and listened in on "hidden" cameras. I know all those HGTV shows are staged and fake, but it was fun hearing the designers rip apart the homeowners ideas.

OP, even if it was legal, would you really want to hear potential buyers possibly say stuff like "OMG...these people have horrible taste!!" or worse?

Jim

 

[bunkkinsmom]

First off, as a Realtor, it saddens me to hear of people taking their own pix and having to write their own descriptions. This is part of listing and marketing your home, what we get PAID to do!!! I hire professional video and photography for all of my listings.

I don't even have a second point...... I don't know why I said "First off". Now I'm frustrated!

 

[mamajo]

Okay, update: yesterday we had a showing (no devices were used!) and we're sitting at home last night about 5 p.m. curious about the feedback. We got butt kiss from agent. Then, a text appears on husbands phone, "Great showing". That's it. So, husband texts (I'm not a texter and hate the idea-- CALL ME!!) her back and says, "Possible buyer?" or something to that effect (meanwhile, I'm yelling CALL HER!). She texts back, "Possible offer. Friday, noon." What??? What does that mean?? He texts back (I'm a rabid animal by now, frustrated over this behavior), "Seriously? Us too or just agents?" She texts back, "You too." and that's how we find out we have an offer meeting. I told him I'm telling her this communication method stinks. He got all freaky,"Don't, don't say anything." Peanuts! She's supposed to be a professional and is getting paid by us. Didn't she even feel compelled to use the telephone and have a two way conversation using real words?? Anyway, this is our fourth showing, first offer (which I'm excited about) but not by her work method. I did have to rewrite her description AND take better pictures. I'm not a control freak, I just thought words like "dollhouse" didn't exactly present my house in the best light. And we have a dormer nook upstairs that she called a "craft area"--what?? Why label it something that limits visions of what it could be. It was all emptied out, clean as a whistle and yes, I used it that way but that doesn't mean someone else should or would. She didn't even do this showing, another agent did.

 

[bunkkinsmom]

Okay, update: yesterday we had a showing (no devices were used!) and we're sitting at home last night about 5 p.m. curious about the feedback. We got butt kiss from agent. Then, a text appears on husbands phone, "Great showing". That's it. So, husband texts (I'm not a texter and hate the idea-- CALL ME!!) her back and says, "Possible buyer?" or something to that effect (meanwhile, I'm yelling CALL HER!). She texts back, "Possible offer. Friday, noon." What??? What does that mean?? He texts back (I'm a rabid animal by now, frustrated over this behavior), "Seriously? Us too or just agents?" She texts back, "You too." and that's how we find out we have an offer meeting. I told him I'm telling her this communication method stinks. He got all freaky,"Don't, don't say anything." Peanuts! She's supposed to be a professional and is getting paid by us. Didn't she even feel compelled to use the telephone and have a two way conversation using real words?? Anyway, this is our fourth showing, first offer (which I'm excited about) but not by her work method. I did have to rewrite her description AND take better pictures. I'm not a control freak, I just thought words like "dollhouse" didn't exactly present my house in the best light. And we have a dormer nook upstairs that she called a "craft area"--what?? Why label it something that limits visions of what it could be. It was all emptied out, clean as a whistle and yes, I used it that way but that doesn't mean someone else should or would. She didn't even do this showing, another agent did.

I agree with most of what you are upset about, with one exception. I wouldn't be upset that she didn't do the showing. Why would she, unless she is bringing the buyer? In my area it is not very common for an agent to work both sides of the sale. It happens, but more often it is a different buyer's agent. Also, why are you going to a meeting about an offer??? Maybe it's different in your state. Here, I would NEVER get a buyer and seller together. EVER. The offer would go from buyers agent to buyer for signatures, then buyers agent contacts your agent to present. They can do that by phone, email, whatever (technically its best to have all offers emailed in writing, but verbals do happen). Then your agents CALLS you to present and negotiations begin. I've done negotiations that took 20 minutes, and some that took 9 days. But I have never done, or seen anyone do, an offer meeting. Interesting.

 

[The Mystery Machine]

Okay, update: yesterday we had a showing (no devices were used!) and we're sitting at home last night about 5 p.m. curious about the feedback. We got butt kiss from agent. Then, a text appears on husbands phone, "Great showing". That's it. So, husband texts (I'm not a texter and hate the idea-- CALL ME!!) her back and says, "Possible buyer?" or something to that effect (meanwhile, I'm yelling CALL HER!). She texts back, "Possible offer. Friday, noon." What??? What does that mean?? He texts back (I'm a rabid animal by now, frustrated over this behavior), "Seriously? Us too or just agents?" She texts back, "You too." and that's how we find out we have an offer meeting. I told him I'm telling her this communication method stinks. He got all freaky,"Don't, don't say anything." Peanuts! She's supposed to be a professional and is getting paid by us. Didn't she even feel compelled to use the telephone and have a two way conversation using real words?? Anyway, this is our fourth showing, first offer (which I'm excited about) but not by her work method. I did have to rewrite her description AND take better pictures. I'm not a control freak, I just thought words like "dollhouse" didn't exactly present my house in the best light. And we have a dormer nook upstairs that she called a "craft area"--what?? Why label it something that limits visions of what it could be. It was all emptied out, clean as a whistle and yes, I used it that way but that doesn't mean someone else should or would. She didn't even do this showing, another agent did.

I do understand your frustration here.

That being said the bottom line is, if you are keeping her as your realtor then you need to call her. I would call her or see her for that matter if she is blowing off your calls, and tell her you are not a texter so when you have questions you would NEED to speak with her over the phone.

It is a reasonable request.

Anyway if I HAD to deal with this, this is what I do.

 

[mamajo]

This is our first home selling experience so I don't know the answer to that last post. I have no idea what this is other than a text message telling us to be at her office at noon today. I don't know what the protocol is for offers, counter offers except what I've seen on Property Brothers. I thought last night, the very least she could do is let us know what the offer was so we could mull it over last night before "meeting" but that didn't seem to be the case. I realize that other agents will be doing the showings and that doesn't bother me, per say, other than we got no real feedback from her on the prior three. Bottom line is her communication skills are leaving me less than impressed. She's all over Facebook and the community doing good deeds and seems like a real go getter (my first impression of her anyway), now, I think she bites off more than she can chew, does no one thing well, and we are not clients so much as "friends" and she's got no time for us. She's been in the business for over 25 years so this surprises me big time. I have no idea what's going to go down at noon today but I guess if they offer and I like it, this is all moot. I'll be glad to have it done.

 

[HM]

She should be following up with each agent as they show the house with specific questions about what the prospective buyers liked or didn't like. If there are things you can change or not change, you'd want to know about them. Then she should be calling you and letting you know about what they said, or at least sending an email. And if there was an exciting development like a potential offer....she should have been calling to let you know any specifics she might know. Texting....no.

I don't do texting except with my kids. I would not be happy either to have that as a sole means of communication. How old is this realtor....18? Really.