What Every Buyer & Seller Should Know About Recording Devices


What Every Buyer and Seller Should Know About Recording Devices

Ring doorbells. Nest cameras. Security systems. Walk into almost any listing today, and there's a good chance something is watching — or listening.

For sellers, that can feel like basic home security.
For buyers, it can feel invasive and uncomfortable.

Here's what the data says, what the law says, and how to handle recording devices depending on which side you are on.

The Data: Recording Is Now the Norm
A recent survey from LendingTree found that recording devices during showings are no longer the exception — they're the norm.                - 56% of recent sellers said they kept a camera or microphone active during their last sale.
        - Nearly three-quarters of recent buyers said they'd seen or suspected a device while touring a home.

These aren't hidden cameras. They're everyday doorbell cameras and security systems that were simply left running.

What Sellers Are Doing With the Footage
This is where it gets interesting.
        - 18% of sellers who kept devices active admitted they used the footage with the intent to gather negotiating intelligence.
        - 45% said what they saw or heard directly shaped how they approached negotiations.

Buyers Are Adjusting Their Behavior
Buyers have caught on, and it's changing how they act inside a home:
        - Many said they deliberately avoided discussing budget or offer strategy while touring a property.
        - Some downplayed how excited they were about a house.
        - 19% left a showing the moment they realized they were being recorded.
        - Others chose not to submit an offer at all.

Perhaps the most telling stat for sellers: 34% said knowing a home had active recording equipment would make them less likely to make an offer on it.

In other words, the intel a seller gains from a camera can come at the cost.

The Law: What's Actually Allowed in Ontario
Here in Ontario, the legal picture is fairly clear once you separate video from audio.

Video-Only Recording
Generally permitted. A homeowner has every right to maintain security cameras — doorbell cams, hallway cameras, exterior cameras — on their own property.
The one hard limit: cameras can't be placed anywhere a visitor would reasonably expect privacy – like a bathroom.

Audio Recording
This is where sellers can get into real trouble.

Under Section 184 of the Criminal Code, intercepting a private communication without consent is a criminal offence. Canada is a "one-party consent" jurisdiction, meaning a recording is only lawful if at least one participant in the conversation knows it's happening.

If a seller isn't present and their camera captures a private exchange between a buyer and their agent, that can amount to a criminal offence — regardless of intent.

Disclosure Requirements
Disclosure matters, and for audio, it's mandatory.
        - Video-only cameras: Ontario law doesn't strictly require written notice, though federal privacy principles under PIPEDA and CREA guidance treat undisclosed secret recording as a problem in its own right.
        - Audio: Disclosure is required by law. Sellers must let visitors know recording is happening and obtain consent — whether expressed or implied through a clearly posted notice at the entrance.

RECO and CREA guidance directs listing agents to flag recording devices in showing platform remarks (for example, in showing software or MLS remarks) and to post a visible sign at the door or immediately upon entry.

What This Means for You

You are a Seller
A camera might feel like protection, but to a buyer, it feels like surveillance. If a third of buyers say active recording devices make them less likely to offer, that "protection" could be shrinking the buyer pool on the very home you're trying to sell.

The smart play is disclosure and restraint. Let buyers know devices exist — but understand that the intel gained from listening in may cost you the very offer you needed.

You are a Buyer
Set the expectation before the first showing: assume someone can hear you from the moment you walk through the front door until you're back in the car, past the driveway, and out of doorbell camera range.

The Bottom Line
Cameras aren't going anywhere, and sellers have every right to protect their homes.

But once a device is picking up audio, the conversation shifts from a security best practice to a legal obligation — and potentially a lost sale. 

Photo courtesy of Jakub Zerdzicki