Home Showing Surveillance in Florida: What Buyers and Sellers Should Know
- 1 day ago
- 5 min read
Smile… or Maybe Don’t?
When it comes to touring a home in Florida, it’s easy to focus on the fun questions... “Can my couch fit here?” “Do I really need a home with two wine fridges?” “Why is there always one drawer that sticks?”
But in today’s world of Ring doorbells and smart-home everything, there’s another question both buyers and sellers need to understand:“Is recording during a home showing allowed?”
Great question. And like most things in real estate, the answer is: yes… with rules.
Below is a clear, accurate breakdown of what’s allowed in the state of Florida, specifically in Collier County, and what both sides of the transaction need to know.
Disclaimer: The information provided in this article is for general informational purposes only and is not intended as legal advice. Laws and interpretations may change, and their application can vary based on specific facts and circumstances. Readers should consult with a qualified Florida attorney for legal advice regarding surveillance, recording laws, and consent requirements.
Florida Law in a Nutshell - Showing Surveillance
Florida is a two-party consent state for audio recording.This means:
Video without sound = allowed
Audio recording = requires consent from everyone recorded
This applies to homes, showings, open houses, inspections, final walk-throughs, and pretty much anywhere humans can talk.
Collier County doesn’t add any extra restrictions. So the state rules are your guide.
WHAT SELLERS NEED TO KNOW
Selling your home can feel a bit like hosting a never-ending open house for strangers who somehow always have very loud opinions. With today’s technology, many sellers wonder if they can use recording devices to keep tabs on what’s happening during showings.
The short answer? You can… but only within certain boundaries.
✔️ Video Recording (No Audio): Allowed
Security cameras, Ring doorbells, nanny cams, and other video-only systems can continue recording during showings.No disclosure required.No permission needed. Buyers may not love being caught on camera, but this is legal in Florida.
❌ Audio Recording: Requires Consent
If your device captures sound, Florida law requires every person to consent to being recorded.
That includes:
Buyers
Buyer’s agents
Inspectors
Appraisers
Your neighbor who accidentally wandered in thinking you were hosting a potluck
If consent isn’t given, you cannot record audio.
If a homeowner clearly and conspicuously notifies entrants that audio/video recording is taking place before they enter, and they voluntarily proceed, that can constitute implied consent.
Key points:
The notice must be obvious and unavoidable (not buried or subtle)
The person must have a choice to decline entry
Consent applies only after notice is given
A sign at the front door stating something like:
“This property is equipped with audio and video surveillance. By entering, you consent to being recorded.”
is commonly used for this purpose. As a seller or agent, I would not rely just on a disclosure in the confidential remarks section of MLS as that has limited visibility. Having it on site at the point of entry is a much more effective location to avoid someone saying they were not given proper/visible notification to be able to consent.
Mixed Devices: The Tricky Middle Ground
Most modern devices record both audio and video unless manually turned off. If your camera automatically captures sound, you must:
Disable audio, or
Turn off the device entirely during showings
Simply leaving it on and promising “I won’t listen” won’t cut it legally.
A Seller-Friendly Tip
Even though listening in on comments about your countertops may be tempting, it’s not worth the legal headache. Instead, rely on the feedback you receive through your agent and through the market itself - those insights will tell you far more than any microphone ever could.
Best Practice Recommendation (What I Advise Clients)
From a risk-management standpoint:
✅ Video-only exterior and common-area interior cameras
❌ Avoid audio recording altogether
✅ Post clear signage at all entry points
✅ Disclose surveillance in MLS remarks
❌ Never place cameras in bathrooms or bedrooms
Even if implied consent might hold up legally, audio recording inside a listed home is not worth the exposure.
WHAT BUYERS NEED TO KNOW
Buyers, this one’s for you.Before you say, “We’d totally pay full price for this one!” or “I can’t believe they painted the bathroom orange,” remember… You are most likely being recorded by video. And in some cases, audio too - if the seller obtained proper consent.
What to Assume
Always assume you are being video recorded the moment you step on the property - even at the front door.
Buyers often forget:
Ring doorbells catch facial expressions before you even walk in
Indoor cameras catch body language
Outdoor cameras capture driveway conversations (“Let’s offer way below asking!”)
Good Showing Etiquette
To protect your position:
Save negotiations for after you leave the property
Keep strong opinions neutral until you’re back in the car
Treat the home as if the seller is standing right there… because in a way, their cameras might be
Audio Recording: You Must Consent
If a seller wants to record audio, they must notify you and you must agree.If you don’t feel comfortable, you have every right to decline audio recording (your agent can help handle that politely). If a homeowner clearly and conspicuously notifies entrants that audio/video recording is taking place before you enter, and you voluntarily proceed, that can constitute implied consent.
Why This Matters
A careless comment inside a home can unintentionally:
Weaken your negotiation stance
Reveal your budget
Signal emotional attachment
Undermine your strategy
In real estate, information is leverage - don’t give yours away by whispering near a smart speaker.
WHY THESE RULES EXIST
Florida’s laws protect privacy, especially in settings like homes where candid conversations naturally happen. Buyers need to explore freely. Sellers deserve to maintain security.
The goal is simple:Balance privacy, safety, and fairness.
No spy-movie tactics required.
For Sellers
✔️ You may record video during showings
❌ You may not record audio without consent
✔️ Disable audio or turn off mixed devices
✔️ When in doubt, ask your agent
For Buyers
✔️ Assume you’re being video recorded
✔️ Save deal-making or strong opinions for after you leave
❌ You cannot be recorded via audio without your consent
✔️ Ask your agent if you’re unsure about a home’s devices
With so many homes now equipped with video doorbells, Wi-Fi cameras, smart speakers, and motion-activated devices, it’s important for both sellers and buyers to understand how these gadgets factor into a showing. Sellers should review their home’s devices ahead of time to make sure audio functions are disabled or devices with mixed audio/video capabilities are turned off if consent hasn’t been obtained. Buyers, on the other hand, should remember that even muted devices can still register motion, capture video, or send activity alerts to the homeowner. This doesn’t violate Florida law, but it’s a reminder that showings are not the best time for strategy conversations or budget confessions. Treat smart devices like they’re always listening—even when they’re legally not—and handle your remarks accordingly.
Whether you’re buying or selling, the showing process works best when everyone feels comfortable, informed, and respected. Technology may be part of the modern real estate landscape, but staying on the right side of Florida law keeps the process smooth - and keeps everyone out of a courtroom cameo.
If you ever have questions about navigating Naples real estate, I’m always here to help as Your Naples Real Estate Expert.
If you are considering buying or selling a home in Naples and surrounding areas and you aren’t satisified with average services, you will want to contact Your Naples Real Estate Expert, Renee Hahn, to ensure you get the service, attention and outcomes you deserve.
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