I have an ethical question

[StinkerBell]

So, as you know we are trying to sell our home.

We have had feedback on one visit, it was positive. However we have had a lot of traffic and we are not getting any feedback. If there is something wrong we would love to know so we can address it.

Would it be wrong to hook up a nanny cam so we can get an idea of what people are seeing that is wrong or lacking?

[peternap]

Not at all. It's your house!

[cordwood]

 Brutal Reality I might want to put out suggestion cards.

[Whitlock]

It is your house no harm done. I see it done on the HGTV channel. If you have a hard time with it.You could put out a sugjestion box of some sort.Or put it on a handout that is to be returned after the visit.
People as allways willing to help.

[MountainDon]

I have no personal qualms about doing that. I doubt there is any legal problem either. You are the owner and protecting your property.

[StinkerBell]

Plus we have a sign in the window saying we have security system in place. It doesn't say what type.

[MountainDon]

I wouldn't sweat it at all.

I have a sign that states there is a security system in place too. It doesn't say that the only system in place is a 12 gauge double barreled one.   

[Squirl]

I don't know what state you are in, but in ours (PA) there is a specific law against it.  It says that the person has to know they are being recorded otherwise it is a violation of their privacy.  I don't know what the expectation of privacy there is for them in your home.  If they were on a public road, it is somewhat simpler, but you are inviting them into your private residence.  They are an invitee and not a trespassee.  If I invited a couple to stay overnight, do I have the right to videotape them in the guest bedroom (bathroom)?  It may seem like a world of difference, but it is usually the same standard under the law.  You invite a guest over to show them your house, unless you tell them they are on camera, they are not in public and expect some privacy.  I don't think I would like it if the law interpreted my house as a public space because I invite someone over. 
It is similar as do unto others.  If you are going to buy a home and wanted to talk to your spouse in private in another room, how would you feel if someone bugged you or recorded you?  What if they put that video on youtube for the whole world to watch? 
There could be other legal implications, if they call their attorney on their cell phone (attorney-client privilege.) If it give you a leg up in the contract it could also be fraud.  They might have the right to void the contract years down the road. I would at least put a sign near the door that the house is monitored by camera.  Most business are legally required to do this and they have hundreds of people a day in.  Many television shows show people doing this, but they don't show the aftermath of when those people get sued.  I have seen people lose a lot in those cases.

[StinkerBell]

I am not going to put it in the bathroom or bedroom it will be in entry area. And I would not put it on youtube. We have a sign on the front window when you come into the home saying that the home has a security monitor.

I do understand your concern and appreciate the time you have spent in responding to my question. I would not abuse this situation. I think you bring up some valuable points. 

Would your position be the same with a nanny cam? I am just trying to figure out a threshold for this situation.

[glenn kangiser]

I thought Bush made it legal...

[Squirl]

The monitor sign is a good notice, if you had one of those silhouette pictures of a security camera, it would be good too.  This way they know they have no expectation of privacy in your house.  They have the right to walk away at that point and you theoretically can infer that they waived their rights by continuing.  You would just have to make sure they come in through that door.

Just a general disclaimer.  This does not constitute legal advice. This discussion is for educational purposes only and is not to be interpreted as advice.  This does not establish an attorney - client relationship. (Sorry, I have ethical obligations established by law.)

[StinkerBell]

I do appreciate it squirl.

So whatcha saying? You don't wanna be my attorney? Thats no fun!

[Flutterby]

It's a good thing that you're getting a lot of traffic! You're idea about the camera is a good one! I've seen that done on the shows on the HGTV channel where they show how to sell houses and how to stage a house for sale. There are a lot of good ideas on the HGTV web site also!

My opinion about the camera ethnically is it would be okay, because it's in your home, and you're not going to use the video and post it on YouTube or sell it for money.