Is it ok for a seller to watch via video or listen during showings and open houses using a smart home device?

It is permissible for a seller to have video in homes, as long as they are not placed in an area where there is an expectation of privacy (such as a bathroom). Audio is not currently permissible under state law if the seller is not a party to the conversation. However, this isn’t something that is monitored or regularly enforced. Therefore, it is recommended that agents and buyers behave as if they are being watched and listened to during showings and open houses. With the amount of smart home devices on the market these days, it is very likely that both are occurring. This brings up another important issue – use caution as to what is discussed between agent and buyer. Do not discuss buying power or make disparaging comments about the property while in or near the home. Remember, porches often have Ring doorbells, so stepping outside isn’t always sufficient. Also, keep the protected classes in mind. Fair housing laws protect people from discrimination in housing based on race, color, religion, sex (including sexual orientation and gender identity), national origin, familial status, disability, marital status, and age. This goes both ways – the seller or buyer might be a member of a protected class and could allege a Fair Housing violation if discriminatory comments are made.