Home Security & Selling Your Home
You probably can't go a day without seeing an advertisement for a home security system, a ring doorbell, etc. If your home security involves the use of any indoor cameras or recording devices and you are planning to sell your home, then it's best to educate yourself on the legal uses of these devices. First and foremost I suggest you consult your attorney to make sure you are in compliance, as I am not an attorney.
According to Attorney Scott Drucker, who recently spoke at one of our Berkshire Hathaway HomeServices AZ Properties sales meetings, many people aren't aware of the Arizona wiretapping laws. Did you know that in Arizona it is illegal to record (video or audio) of anyone without one of the parties, besides yourself, being aware that they are being recorded and giving their consent? Arizona has a one-party consent law as it pertains to wiretapping. It's actually a felony-level offense in the state of Arizona.
So how do you follow the law if you have these devices in your home and are putting it up for sale? First, I suggest you reach out to your attorney and ask for their suggestions to help keep you in compliance. They may recommend signage on the door or inside the foyer, a notice on the MLS listing, etc. Your attorney can let you know how much notice to provide and the best way to inform the public. The bottom line is, people need to know they are being recorded and give their consent when entering your home if you have security measures that record in place. This is much like when you call companies and they inform you that the call may be monitored or recorded.
You also need to notify your listing agent and let them know that the home has cameras and/or audio equipment in the home, as they also need to give consent. When working with my clients, I believe that transparency is the best policy. I have my own procedures in place to help you and/or inform you of the laws and regulations that may impact the sale of your home.
For more information, read the full Arizona Recording Law.