As smart-home technology becomes more prevalent in homes, buyer’s agents should be mindful of where and how they are communicating with their clients during a showing, since these conversations may be picked up via audio or video. Even conversations outside of a property may not be protected as private.
Wes Bearden, attorney and CEO of Bearden Investigative Agency, says courts could look for the following elements to determine whether you had a reasonable expectation of privacy in your public conversation:
- The volume of the communication or conversation
- The proximity or potential of other individuals to overhear the conversation
- The potential for communications to be reported
- The affirmative actions taken by the speakers to shield their privacy
- The need for technological enhancements (like a microphone) to hear the communications
- The place or location of the oral communications as it relates to the subjective expectations of the individuals who are communicating.