Homeowners in Wisconsin now have the go-ahead under state law to use cameras to watch or record home showings, open houses, or any other viewing event that is part of selling their property.
Someone who is watched on such surveillance could not claim an invasion of privacy under state law, according to the new statute, which took effect in January.
“Unless you really see a camera, many times they could be hidden and you'd never know” during a home showing, said Mark Olejniczak, owner of Mark D. Olejniczak Realty in Brown County.
Kassie Freckmann said she uses the surveillance, but not to listen to potential buyers’ conversations during a home tour, and said she would not be comfortable trying to sell the home as “for sale by owner” without it.
Freckmann, who is trying to sell her family's home in Hobart, uses surveillance “to make sure that everything is secured when [potential buyers] leave."
"I have had it in the past where there was a door that wasn't shut tight, and it blew back open… and my furniture was basically frozen [because] it was ten degrees outside,” Freckmann said.
Wisconsin Realtors Association officials wrote to a Wisconsin senate committee last year that “…the WRA is supportive of legislation clarifying it is not an invasion of privacy to have surveillance equipment in properties during open houses, individual showings or other viewing in connection with the sale of real estate,” according to a legislative website.
“Due to the increase of surveillance equipment in properties, nationally there has been an upsurge in discussing the rights of sellers, prospective buyers and their agents during individual showings and open houses,” the memo said.
Surveillance of someone on a home tour may not be posted, published, or shared in any way; surveillance in a property’s bathroom is also banned under the law.
Another perspective
Once her family’s Allouez home sells, Helga Meyer plans to look for a new home.
She said she would not use cameras as a seller, and does not want to be secretly watched as a buyer.
"You don't expect that when you go for an open house… you want to have the freedom to talk about the details of the house,” Meyer said.
“They have to assume that they’re on video”
Michael Sewell, chief compliance officer at Coldwell Banker Real Estate Group, said the message to real estate agents is that “they have to assume that they’re on video.” Sewell said agents should talk to buyers about potential surveillance during home showings.
“Say, ‘Look, [owners] have the right to do this, and we have to assume that they are doing this…’” Sewell said.
“Any negotiation strategies, you would not want to talk about on the property.”
