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Cameras & Technology: What is the Ethical Rule for Brokers?

Amy Mizner is a Principal of Benoit Mizner Simon & Co. in Wellesley and Weston

The relationship between homeowners and their real-estate broker is one built on trust and reliability. They have faith their agent will fairly evaluate their home, and suggest the best options for selling. Conversely, they rely on the homeowners to be honest, collaborative, and open about their needs and expectations. A simple trade off, however, can become a lot more complex in today’s digital world.

In these changing times, realtors face the reality of video cameras being used in the homes they’re actively selling. More and more homeowners are placing security systems in their homes to monitor for intruders, but that technology also allows them to keep watch during open houses. Homeowners typically trust their broker to show the house to prospective buyers, but is it ethical for them to record them doing just that? It’s a practice that’s becoming more routine – but it’s not always discussed ahead of time. Here are a few ideas to consider about the relationship between homeowners and brokers as it relates to the implementation of security system video feeds.

Should homeowners have cameras in their homes?

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Homeowners:

Yes – Recent trends suggest that more and more homeowners are placing security systems in their homes. Some don’t use traditional cameras, but rather set-ups that consist of iPads on the walls or hidden TV cameras placed behind mirrors. Security measures can be ethical if used for monitoring strangers in their homes. The obvious ethical use would be protecting against intruders. One not-so-obvious reason relates to the current opioid-crisis.

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Modern-day drug burglars are taking advantage of open houses to get ahold of prescription drugs. Homeowners take precautionary measures to hide away valuables such as jewelry and money, but many neglect to think about what’s inside their medicine cabinets. Security cameras offer a new way to keep track of who enters the home and which rooms are being entered without the broker, should medicine cabinets be raided.

Regardless, some may choose to use cameras just for integrity, insisting they still own the home and care about how it’s treated and who’s in it when they are not around.

Real Estate Agents:

No – Real estate agents may have a different perspective on the ethics of security system use while they’re there. Placing cameras in use during a showing our open house can insinuate mistrust towards the broker. After all, homeowners can watch an agent’s every move. Imagine having cameras on you at work all day -- while teaching in a classroom, working at an office desk, or delivering sales pitches. Whatever your profession may be, it would be uncomfortable to have every decision you make or word you speak be monitored. Brokers deserve the freedom of going about their jobs without constantly being watched.

One other reason security cameras in the home should be given a second thought is because of current issues with cyber terrorism. As with every form of technology, there are people who abuse privacy rights and technological abilities through system-hacking. By adding security cameras to your home, hackers might be able to see when no one is in the home, providing ample opportunity for successful break-ins.

If security systems are in place, what are the responsibilities in the homeowner-broker relationship to ensure ethical practice?

The Homeowner – If a homeowner decides to keep security cameras in his or her home during an open house, there should be an ethical approach to doing so. To maintain trust with the broker, a homeowner has the responsibility of full disclosure -- informing of any cameras in the house, if they will be on during that time, and which rooms they’re in. It’s also be smart to mention why the cameras are in place, so the broker doesn’t assume they’ve been placed there just to watch them do their job. Not informing your real estate
partner of the security systems in the house could potentially damage that relationship.

The Broker – If selling houses is your profession, you must be consciously aware of security systems in the properties you’re in on behalf of your clients. Although it’s ethical for your client to inform you of security cameras, it’s also your responsibility to ask specific questions when you’re first learning about the home. Concerns about homeowners encroaching on your privacy while working can be resolved with a few simple, initial questions. Whatever the answer, it’s also the broker’s duty to act professionally always, regardless of whether or not “big brother” is watching. Better to assume it’s always show time! If you follow this guideline in your practice, it won’t matter if cameras are there or not…and the homeowner will never complain about the work you perform in their most prized possession – their home.

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