A: Ohio law addresses both audio and video recordings. Under Ohio law a seller is permitted to use surveillance equipment to video record on his property. The equipment used is commonly referred to as a “nanny cam.” There are, however, limitations on that right to record. A seller should not record in locations where there is an expectation of privacy, for example a bathroom.
Audio recordings, though, have stricter requirements. Under Ohio law, in order to legally make an audio recording, at least one person being recorded must consent to being recorded. Therefore, for a seller to use surveillance equipment to audio record conversations during a showing of their property, one of the individuals at the showing would have to consent to the recording. For most showings this would be either the buyer’s agent or the buyer. The fact that the seller knows about the audio recording would not be sufficient since the seller is not typically present during showings, and therefore is not a party to the conversation being recorded.
Violations of the above provisions are a 4th degree felony under Ohio law.
There are two ways to approach listing a property with video and audio surveillance equipment present.
The first approach is to request that the seller turn off their surveillance equipment during showings or anytime the property is being accessed where the conversation of others will take place (i.e. an inspection, appraisal). This requirement could be limited to audio recordings or apply to all surveillance equipment and could be included as a term of the listing agreement.
The other approach is to disclose the use of surveillance equipment and obtain consent to any audio recording. Notification of surveillance equipment could be made through the MLS or any other method used to communicate property access information. Also, a surveillance equipment notice should be posted at the property. Consent to an audio recording would need to be obtained prior to a showing or granting access to others pursuant to your duties under the listing agreement. Consent to audio recordings should be obtained in writing. For a showing, written consent would be required from the buyer’s agent or the buyer. If the buyer’s agent is providing the consent it should only be given with the knowledge and written authorization of the buyer.
If a property has surveillance equipment, the seller should be made aware of Ohio law in this area and the existence of any surveillance equipment should be disclosed to others and proper consent to audio recordings obtained. Buyer agents should caution their clients regarding property surveillance equipment and by fiduciary obligation, should never do or say anything in a property that they would not want the seller to know.
Property Search
RSS Feed
Search Blog
Recent Blogs
Shifting From Mobility To Stability - People ten to flourish when they
How To Share A Youtube Video With Your Clients - https://remindermedia.com/blog/how
Strange Things In This Business - As a change of pace, I thought it
Electronic Closings - New real estate apps and
Our Bloggers
Alex Altaly - 8
Semion Androne - 7
Jerome Ball - 18
Swella Bingham - 9
Gary Brown - 2
Edward Budnek - 3
Erin Claxton - 1
Jason Crouch - 1
Hossam Elsayed - 10
Torre Escott - 1
Jennifer Gonzalez - 7
Kristen Heap - 2
Ayesha Isaac - 1
Ron Johnson - 8
Chris Johnson - 8
Denis Joseph - 2
Lori Kempton - 2
Rose Nassar - 4
Dennis and Laurie OBrien - 7
Candace Rebecchini - 17
Chris Russell - 95
Alison Segrest - 4
Jim Sfarnas - 27
Christina Strickland - 11
Meredith Thomas - 1
Karin Waterschoot-Perez - 54
This is a list of your favorite properties. We will email you if a property is reduced or leaves the market.
Click 'Save' to add a property to this list.New & returning visitors please enter your information to login.
This message will go directly to the head of our team.
Español
Francais
Deutsch
Italiano
Portugues 
Chinese 
Russian