With smart doorbells, security cameras, and nanny cams now common in many homes, a question I hear more often from sellers is:
“Can I legally record buyers during showings?”
The short answer in New York is:
👉 Video is usually legal. Audio is where things can become illegal — and risky.
Here’s what homeowners, buyers, and agents in Westchester County should understand before pressing “record.”
New York Is a One-Party Consent State — But That’s Often Misunderstood
New York is considered a one-party consent state for audio recordings. That means:
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At least one person in the conversation must consent to being recorded
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The person giving consent must actually be part of the conversation
If you are not part of the conversation — and you secretly record it — that can be considered illegal eavesdropping under New York Penal Law.
That distinction is critical for real estate showings.
Video Recording During Showings: Usually Legal
In most cases, homeowners can use video surveillance (like Ring, Nest, Blink, Arlo, etc.) to monitor their property during showings:
✔️ Common areas (living room, kitchen, hallways)
✔️ Entryways
✔️ Exterior cameras
However:
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There is still an expectation of reasonable privacy
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Cameras should never be placed in bathrooms, bedrooms, or other highly private areas
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Hidden cameras can raise serious legal and ethical issues
Even when legal, disclosure is best practice to avoid disputes.
Audio Recording During Showings: Often Illegal
This is where many sellers get into trouble.
During a showing:
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The homeowner is not present
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The conversation is between the buyer and buyer’s agent
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The seller is not a party to the conversation
That means:
❌ Recording audio of buyers and agents without their consent is typically illegal in New York
Real estate industry guidance makes this clear:
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Sellers generally may NOT record audio of showings
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Even if the device is in your own home
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Even if it’s part of a doorbell or security camera system
If audio is enabled and buyers are recorded without consent, it can potentially be considered eavesdropping, a criminal offense under NY law.
Disclosure Rules for Real Estate Showings
New York real estate law and ethics rules also come into play.
If a seller has surveillance devices:
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Listing agents are typically required to disclose known cameras
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Buyer’s agents should be notified prior to showings
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For audio devices, consent must be obtained
Failing to disclose can create:
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Legal exposure
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Ethics complaints
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Lost buyer trust
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Deal-killing conflicts
Why This Matters for Sellers
Beyond legality, there are practical risks:
1. Legal Liability
Illegal audio recording can expose sellers to criminal and civil claims.
2. Deal Fallout
Buyers who discover they were secretly recorded may walk away — or become adversarial.
3. Agent Liability
Agents involved can face complaints or disciplinary action.
4. Negotiation Harm
Buyers may be less candid, less comfortable, and less willing to negotiate.
Best Practices for Sellers in Westchester
Here’s what I typically recommend to NestEdge sellers:
✅ Use Video Only
Disable audio recording features on all cameras and smart doorbells.
✅ Disclose Cameras
Let your agent know about all surveillance devices.
✅ Avoid Private Areas
Never place cameras in bathrooms or bedrooms.
✅ When in Doubt — Turn It Off
If you’re unsure whether a device captures audio, it’s safest to disable it during showings.
What Buyers Should Know
Buyers should assume:
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They may be on camera
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Their comments could be seen or heard
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Sensitive conversations are best saved for outside or in the car
I always advise buyers:
Treat every showing like someone is watching — even if they legally shouldn’t be listening.
Bottom Line
In New York:
✔️ Video recording during showings is generally legal
❌ Audio recording during showings is often illegal unless proper consent is obtained
For sellers, the safest move is simple:
Use video for security. Disable audio. Disclose cameras.
If you’re selling in Westchester County and want guidance on how to handle showings, privacy issues, and buyer psychology the right way — I’m always happy to help.
