REINCheck

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You're listening to REINCheck with Andrea Rice, Contracts and Industry Specialists at REIN, where you get the latest member news and information delivered straight from the source, REIN MLS.

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Andrea Rice
Hello and welcome to REINCheck I am your host, Andrea Rice, and today we are checking in with Sales Manager Advisory Committee member, Becky Claggett and Property Manager Advisory Committee member, April Mendenhall for a discussion on audio and video recordings. So, Becky, April, thank you so much for being here today and fitting this into your busy schedules.

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Becky Claggett
Thank you for having us. Happy to be here.

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April Mendenhall
Yeah. Thank you.

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Andrea Rice
Yeah, it's pretty exciting because, you know, we have not had a SMAC and PMAC member on the podcast together in a while, so I'm really excited. And today we are diving into a topic that I'm sure most every real estate agent has encountered at one time or another, and that is audio and video recording in properties. So with the rise of smart home technology, video doorbells and surveillance, audio and video recording in resale in rental properties is not likely to go away.

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Andrea Rice
April, we'll start with you. So have you ever walked into a listing or a rental property and felt like you were being watched?

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April Mendenhall
Oh, yes. One in particular was a new management that I had gone out to, and I think I'd previously talked to you about this. I definitely saw the ring camera on the front door. But as I walked through the home, I noticed a couple other cameras throughout. Nobody ever said anything to me about a cameras

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April Mendenhall
being in the home, nor that I was being recorded. When I went up to the primary bedroom at this point, I had been in probably about 15 minutes, just kind of taking my notes. Taking photos, inventorying appliances and such. I go to the primary bedroom and I hear a voice, and it happens to be the owner watching me the whole time I was in the property.

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April Mendenhall
And he specifically said, hey, April, me and my coworkers are here, and we've just been watching you. We wanted to see how you would treat my property without me there. So it was a little alarming. And then I just felt a sense of, well, one that was a little, upsetting to me. A little on the creepy side.

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April Mendenhall
I hurried up, finished what I had to do, and then I called them and I was like, you know, future reference. Should we list this, we're going to have to disclose that you have cameras on the property. And if I ever enter again, please let me know if you're recording me, because I there's definitely like a privacy thing with me and goes with anybody else who, you know, walks foot into your home.

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Andrea Rice
Yeah. Oh my gosh. I think the worst part of that story for me is that not only was he watching you, but his coworkers.

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April Mendenhall
Coworkers. Yes. Oh, yeah. And they all said hello, by the way. So which is even more a little alarming.

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Andrea Rice
Yeah. Yeah. For sure. Becky, what's the most surprising or awkward experience you've had with surveillance in a home?

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Becky Claggett
Well, two things come to mind. The first one was, I guess, a surprise. Probably because I was sort of new to the Ring doorbell concept and how they how, advanced they had gotten. We were opening up the front door and somebody just yelled out to us, don't let the cat out. And it was from the Ring doorbell.

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Becky Claggett
And it just took us by surprise because, so that was kind of just a startling moment. But, I would have to say the most alarming was while we were showing a buyer houses, we were in the primary bedroom, looking in the closet. And to be fair, it was we were spending time looking at this closet because it was massive, had this massive primary bedroom closet, and my phone rang and I was showing property, so I didn't answer it.

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Becky Claggett
Then it rang again and I looked and it was the listing agent and they were upset. The seller was watching us look in their closet and didn't think we should be looking in their closets and wanted us to quit showing the property, so we left.

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Andrea Rice
Oh my goodness.

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Becky Claggett
Anyhow, like it was sort of a feature, you know. So that was that was the one that was the most, awkward.

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Andrea Rice
Well, the thing that seems to be like a common theme is people have a real issue with walking through the primary bedroom. I don't know. Have you ever had a deal affected because it's something caught in a recording, like maybe a tenant or buyer said something they shouldn't have, or a seller overheard private conversations that changed the course of negotiations.

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April Mendenhall
I have, and it's more so on the rental side. I had an owner reach out to me after a prospective tenant view their home, and they boasted about how much they loved the home. The set up. The layout. But then they started commenting on how unkept and disgusting they felt the home was, not realizing that this was the actual homeowner living in the property.

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April Mendenhall
And how, you know, I can't believe they have children and they live like slobs. It was really disheartening to the home owner who's hearing all of this. And then they applied, and the homeowner did not want to approve them based off of their comments. And unfortunately, you know that that did not go over very well because they met all of our qualifications, but it just really put a sour, taste into the owner's mouth.

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April Mendenhall
Just regarding her cleanliness and such up the home. But I'd probably say I've heard other agents say that they've had issues as well. With, you know, clients saying how they're going to offer, you know, 10 to $15,000 less. And, you know, the sellers are hearing such from buyers. So, I definitely feel like there it can and will be an issue in the future.

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Andrea Rice
Yeah, that reminds me, like, sometimes ignorance is bliss, right? Like, sometimes we're not meant to know every little thing that people think and say.

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April Mendenhall
It's. It's a bigger example of why it's important to be cautious with what's said during showings.

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Andrea Rice
Yeah, for sure. And, you know, the laws and ethics around surveillance in homes can sometimes feel like a bit of a gray area. So how do you guide your clients, whether, you know, it's buyers are sellers, to stay compliant while also protecting their interests?

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Becky Claggett
Well, our

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Becky Claggett
CDIF clearly advises sellers while preparing the property for sale, to remove anything they wouldn't want photographed by buyers, because buyers are also coming in and looking and using their cell phones. And advises buyers that surveillance equipment may be present. So they should be prudent with their discussions that they wish to be private.

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Becky Claggett
With a Ring doorbell. Since it's on the exterior, there's no real expected version of privacy. Similar to being in a shopping center, parking lot or inside a store that's open to the public. Still, many people don't think about their conversations being listened in on or recorded once they open the front door and step inside to enter the property.

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Becky Claggett
And once you're inside the home, if surveillance equipment is present, it may be easily identified. It may not. And they could be monitored or recorded. So agents need to point that out to their clients through the CDIF, that they should have zero expectation of privacy to discuss sensitive manners. Save that for when they're off the property.

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Andrea Rice
Good point Becky. Yeah, thank you for that. And yeah, with Ring doorbells, I just assume if I'm outside, I'm being recorded all the time. So, April, I guess the same question for you, but from a tenant and landlord perspective.

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April Mendenhall
Yes.

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April Mendenhall
This comes up a lot in property management, and I try to educate both sides and landlords and the tenants on what's okay and what's not okay when it comes to recordings. In the PMA, it essentially states that the landlord is responsible for any legal issues that will arise from unauthorized audio or video recording of the property. And it also sets states that they must protect the real estate agent, the listing firm, from any liability related to, the recordings.

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April Mendenhall
Also advises the landlord to remove personal items from the property before showings, just to minimize the risk of any theft or damage by perspective, you know, prospective tenants. So, yeah, I definitely agree with, you know, the what's okay and what's not when it comes to recordings.

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Andrea Rice
Yeah. Thank you for that. And, you know, we have funny stories, but at the end of the day, you know, just everyone being aware, me makes it better for everyone. So thank you. So thank you, Becky and April for coming on here. Becky. You've, you know, done us the favor of being on REINCheck so many times, and we appreciate it.

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Andrea Rice
And, April, I'm so happy that you were able to join us today. And hopefully you'll be back again to talk about more things Property Management related. If any of you out there listening have suggestions for SMAC or MAC feel free to send those into SMAC@reininc.com or PMAC@reininc.com. And we'll be happy to get your suggestions on an upcoming agenda.

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Andrea Rice
And thank you again for listening and tuning in to REINCheck and if you've missed any of the previous episodes, I do invite you to go to REINMLS.com and take a listen. And while you're there, be sure to subscribe so that you get future episodes delivered directly to you when they are released. Thank you and have a great rest of your day.

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VO
You've been listening to REINCheck with Andrea Rice. Stay in the know from those who know. Delivered straight from the source, REIN MLS.