I tell buyers to always be aware – that there could be Surveillance Devices in Crested Butte Homes. And these devices may be audio or video recording devices that are active in the home during a showing. “If you don’t want the Seller to hear something – don’t say it in the home, or outside the home. Wait until we are in the car or away from the home.”
Information Regarding Surveillance Devices in Crested Butte Homes
We live in a tech world and home security and home monitoring are great things to have in your Crested Butte second home. You can monitor temperature of your home, you can install water shut-off devices in case you are having a leak, or your crawlspace temperature drops and to prevent pipes from freezing.
A couple of years ago we had a bear get into our garage. Our dog Millie was going crazy at 2:00 in the morning. The next day we saw the trash tipped over and realized a bear got into the garage through the doggie door. Another time there was a mountain lion sighting in Mt. CB and so I decided to get two Nest Cameras installed outside my home. I get notifications based on sound or motion. I can go back and watch the video, and I have seen foxes, coyote, porcupine, and bears walking in our driveway at night.
Surveillance Use Durning Showings
Questions arise as to the Seller’s use of audio and video surveillance in homes during property showings. The reality is – once set-up most owners have no idea how to turn the devices off, and the hassle of doing this prior to showings is an unrealistic expectation.
Security devices are justifiably used in homes for security purposes. However, should they be used as a means of obtaining information on prospective buyers and their real estate brokers? Or to acquire confidential information about a prospective buyer? The improper use of these devices could possibly result in civil or criminal liability.
Audio Surveillance Devices in Crested Butte Homes
There are benefits to having “personal assistant” such as the Echo Dot (Alexa), Google Home Mini (Google Assistant), Apple HomePod and other in the home and connected to the wifi network and the internet. By design these devices are listening and recording anything and everything…
In Colorado, audio surveillance needs the consent of at least one participant to the conversation. Before a recording can take place unless the eavesdropping device is used on one’s own premises for security or business purposes and notice is given to the public. (See §18-9-304 and 305, C.R.S.)
Therefore, if audio surveillance is being used by the seller in their home. It is advisable to follow state law and to give proper notice that such surveillance is present. A one-party rule applies when you are recording your conversation without the consent of the other person. However, not when you are not present and not participating in the conversation. If a seller wants to record a conversation between a prospective buyer and their real estate broker, this would be inappropriate and not allowed since the seller is not a party to that communication and the parties have not provided their consent. This would also apply to non-recording audio devices such as a walkie-talkie or monitor to listen in on private communications.
The best practice for a listing broker would be to discuss with your seller not to have audio recordings enabled during a showing unless a proper notice is provided to the prospective buyers and their real estate broker.
A best practice for a buyer’s broker would be to just assume that there may be an audio recording system in the premise. To advise their clients not to say anything that one would not want the listing broker or seller to hear. Have your private conversations at a time and place that you can have privacy with your client.
Video Surveillance Devices in Crested Butte Homes
In Colorado, privacy laws prohibit anyone from visually recording another without consent. Situations where the person has a reasonable expectation of privacy. (See §18-7-801, C.R.S.) Therefore, would the person be video recorded to have a reasonable expectation of privacy in the location of the home where the recording is taking place? This would especially be true in the situation where a buyer is using the bathroom.
A listing broker should ask and find out if video surveillance devices are located in the home. The best practice would be to share this information with any buyer’s brokers or prospective buyers. To avoid any possible claims that illegal video recordings were made.
A posting of a prominent notice or additional signs on the property that alerts any visitors to the home that they may be video recorded would be advisable, as well as disclosing this in the MLS comment field.
A buyer’s broker would be well advised to let their buyer clients know that these video security devices are on the property and it would be best to advise them in writing. This would help if one of those clients made a subsequent claim that they did not know there were any video recording devices.
Another best practice would be to just assume that there may be video recording systems in the home, even if there is no signage, and to advise clients not to do or say anything that one would not want the listing broker or seller to see.
How Can I Help You?
Stay safe out there and enjoy the fresh new snow! Are you needing more information on the use of Surveillance Devices in Crested Butte Homes? Please Contact me to help you if you have any questions.
If you want to chat about the real estate market here in Crested Butte – give me a call… (970) 209-5405
I have been in your shoes – as both a Second Home Buyer and Seller here in Crested Butte.
The Crested Butte area offers a wide variety of properties including ski-in/ski-out single-family homes, ski-in/ski-out condominiums, lake and river frontage properties, golf course property, quality homes in Downtown Crested Butte, and true fine mountain homes on acreage.
To see Crested Butte Homes For Sale or search the MLS – visit ChrisKopf.com.
The Crested Butte Real Estate Market is very active. Click this link to see my monthly Crested Butte Real Estate Market Reports.
I have consistently been a Top Real Estate Agent in Crested Butte, and I appreciate the opportunity to earn your business and be your Crested Butte Real Estate Agent.
Please contact me at:
Chris Kopf
Global Luxury Property Specialist
Coldwell Banker Mountain Properties
Chris.kopf@CBMP.com
(970) 209-5405
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