Video and Audio Surveillance Acknowledgement

Posted on: October 28th, 2019 by Andrew Clark No Comments

Spotlight on Contracts, Forms & Guides

CABR has a library of contract clauses and more than 40 contracts, forms and guides available for use by CABR members.  The Ohio Association (OAR) and National Association (NAR) also provide many useful tools for REALTOR® members.

New Form Available

The Cincinnati Area Board of REALTORS® has developed the NEW Video and Audio Surveillance Acknowledgement for use by members.  It should be addressed at the time of listing a property.

Ohio law addresses both audio and video recordings. Under Ohio law an individual is permitted to use surveillance equipment to video record on his property.  There are, however, limitations on that right to record.  For instance, recording cannot be made in locations where there is an expectation of privacy, such as a bathroom.  Audio recordings are allowable with stricter provisions.  In Ohio, in order to legally make an audio recording, at least one person being recorded must consent to being recorded.  Therefore, in order for a seller to use surveillance equipment to audio record conversations during a showing, inspection, etc. on their property, one of the individuals being recorded would have to consent to the recording.  This would typically be a buyer, agent, inspector, etc.  [Note:  Additional information can be found ohiorealtors.org]

The intent of the new CABR form is to document that information has been provided to a seller informing them of the existence of the law, advising them to direct questions to their attorney, and to agree to disable any audio recording feature when persons are present on the property (and consent to the recording has not been obtained in writing).  The form is available at cabr.org (after the login page).