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flickr/Jordan Hatcher
Today’s home security systems are plentiful, inexpensive and easy to install. While they can provide peace of mind, when you list your home for sale, are you required to disclose the operation of a home video or audio security system?
Washington State law makes it very clear – it is UNLAWFUL for anyone to record, by any device, the private conversation of others without their consent. (RCW 9.73.030). Disclosure of an audio monitoring system or device, warning of the monitoring system, is not sufficient. Giving warning is not the same as obtaining the consent of all involved in the conversation.
There is no law prohibiting a seller from having a video only system to record movement or physical actions inside the home; Washington State law prohibits only audio recording. The seller and listing broker should disclose in the MLS listing and inside the home that there is an active video security system and warn visitors they may be recorded while in the home.
Affordability and ease of installation has made home security systems more common. While many systems record only movement, some (including infant monitors) include audio listening devices. If a seller refuses to disable active audio surveillance, and records audio without gaining the consent of the speakers, seller will be in violation of state law. If a seller has additional questions or concerns relating to this issue, they should seek legal counsel.
