Legislative Alert: Seller Audio/Video Surveillance Legislation Moves to Vote


 October 14, 2019
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The WRA is working to pass legislation that clarifies in Wisconsin law that it is not a violation of privacy for a seller to have audio or video recording equipment in the property during an open house or individual showing.

Background: The conversation relating to the right to privacy in real estate transactions has shifted due to the advent of affordable, wireless security
systems and wireless cameras placed in sellers’ homes and on their property.

What’s in play: Companion bills 2019 Assembly Bill 264 and Senate Bill 247, authored by Rep. John Jagler of Watertown, include the following objectives:

  • Clarify that the seller‚Äôs use of audio or video surveillance in an open house or individual showing is not an invasion of a prospective buyer‚Äôs privacy or agent‚Äôs privacy.
  • Apply the law narrowly to open houses and individual showings.
  • Avoid requiring a seller to post or disclose that the seller has surveillance equipment in the property.
  • Avoid requiring the agent to ask the seller about or to disclose the existence of any surveillance equipment in the property.
  • Broadly define ‚Äúproperty‚ÄĚ and ‚Äúowner‚ÄĚ to include all types of property, not just residential.
  • Prohibit the use of surveillance equipment in bathrooms.

Legislation status: AB 264/SB 247 are ready for voting in both houses of the Wisconsin legislature. Watch for more information this fall.

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Learn more

The following WRA resources include more details about the WRA’s efforts to clarify seller surveillance in Wisconsin law:

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