Are Home Showings Being Recorded? What Florida Buyers and Sellers Need to Know.
- Laura Maples
- 2 days ago
- 2 min read
As technology becomes more common in everyday life, many homes listed for sale now contain security cameras, video doorbells, and smart home devices. While these systems can provide homeowners with peace of mind, they also raise important privacy concerns during real estate showings.
Video Recording vs. Audio Recording in Florida
Florida law treats video and audio recordings differently.
Video surveillance without sound is generally permitted in many areas of a home, provided it does not violate a person's reasonable expectation of privacy. However, it must be disclosed that there is video equipment in use and the listing agent should disclose it in the remarks or description of the property on the MLS listing. See Florida Statute 810.145(5)(b) – (c)
Audio recording, however, is much more restrictive. Florida is considered an all-party consent state under Florida Statute §934.03. This means every person participating in a private conversation must consent before that conversation can legally be recorded. Sellers must disclose – in the MLS listing and on the property – any listening devices in or around the property.
Recording conversations without the knowledge and permission of all parties may violate Florida law and can carry both civil and criminal penalties. ---(Florida Statute §934.03)
What This Means During a Home Showing
Buyers often discuss sensitive topics while touring a property, including:
How much they are willing to offer.
Whether they love or dislike certain features.
Negotiation strategies.
Financing concerns or personal circumstances.
If a seller has cameras equipped with microphones or smart devices capable of recording conversations, those discussions could potentially be captured. Florida's two-party consent law applies to oral communications where individuals have a reasonable expectation of privacy.
Advice for Sellers
If you have security cameras, video doorbells, or smart devices:
Consider disabling audio recording features during showings.
Inform your real estate agent about any recording devices located on the property.
Remove or unplug smart speakers and voice assistants if desired.
Follow all applicable laws regarding privacy and consent.
There should be a sign or notice in plain sight that Video equipment is in use.
Advice for Buyers
Assume that cameras may be present in any home you tour. Avoid discussing:
Offer amounts.
Negotiation strategies.
Your level of interest in the property.
Instead, save those conversations until you have left the property and can speak privately with your agent.
A Good Rule of Thumb
Treat every home showing as though someone can see and hear you. Even though it is illegal in Florida to record audio without consent, that does not mean everyone is knowledgeable or abiding by the law.
Disclaimer:Â This article is for informational purposes only and should not be considered legal advice. Laws may change, and individuals should consult a qualified Florida attorney regarding their specific situation.
