We all use surveillance devices for a variety of reasons. Thanks to smart phones and technology, it has made our lives easier and more convenient.
Having buyers through a home makes some sellers anxious and understandably, monitoring allows them to have some control.
How you can use audio and video surveillance while your home is for sale will depend on where the recording takes place. Provincial law generally permits video-only surveillance without consent, except in places where a person has a reasonable expectation of privacy, such as a bathroom. That said, some provinces may require notice or treat the permissibility of video-only recordings differently depending on whether the camera is visible or if it is used in a commercial or residential capacity.
Audio recordings are trickier. Audio could fall under wiretap provisions of the Criminal Code, which in Canada typically requires one person in a conversation to consent to the recording.
It would be inappropriate for an absent homeowner to press record and capture a conversation between a buyer and their agent without either their express consent or their implied consent through, for example, the posting of a conspicuous notice of the recording.
With the ever-growing use of property surveillance, keep these best practices in mind when listing your property:
- Inform your agent of any concerns you have with showings.
- Post a notice of property surveillance, even when notice isn’t required.
- Be aware of the legal risks associated pertaining to audio and video surveillance.
Personally speaking, I feel the best monitoring is to have your agent present for all showings.
If you are thinking of listing, call me in confidence 416-960-9995