Can Home Sellers Electronically Eavesdrop on Buyers Viewing Their Home?

The Homeowner-Spy

[Editor’s Note:  The views expressed here are solely those of Ross Kaplan, and do not represent Edina Realty, Berkshire Hathaway, or any other entity referenced.  If you need legal advice, please consult an attorney.]

At least in Minnesota, it’s a crime to intercept a conversation without the permission of at least one party to the conversation.

So, no, unless Sellers want to tell Buyers they’re being listened to — which sort of defeats the purpose — it’s not kosher to eavesdrop.

Just to make sure Sellers are clear, however, the revised Minnesota listing agreement adds language explicitly warning Sellers about this practice.

Effective date:  tomorrow (August 1).

P.S.: Notwithstanding any of the above, I’ve long counseled Buyers doing showings with me to save any private comments for later.

See also, “Smile! You’re On Candid Camera!”; “Do the Walls Have Ears? Maybe, If They’re in a “For Sale” Home“; and “Shadowing the Buyer and Their Agent.”

Plus: “Sneak Peak: 2017-2018 Minnesota Real Estate Contract Changes“; “Home Thermostat as Trojan Horse”; and “Housing’s “Nest” Big Thing?”



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