Are You Being Recorded During a Home Showing? What Virginia Law Says

Walking through a home for sale, most buyers assume the only thing watching them is the seller’s dog. But a recent LendingTree survey found that nearly 1 in 3 home sellers admit to secretly recording buyers during showings — and about a third of buyers already suspect it happens.

Here’s the part that matters most if you’re buying or selling in Hampton Roads: Virginia actually has a specific law that governs when this crosses from “smart home security” into legal risk.

What the survey found

LendingTree surveyed over 2,000 consumers, including both home sellers and buyers, and found:

  • 30% of sellers say they’ve used hidden cameras while buyers toured their home, most commonly to understand what buyers liked and didn’t like about the house
  • 36% used the footage to gather information useful during negotiations
  • 44% of buyers said they’d walk away from their dream home entirely if they discovered they’d been secretly recorded
  • 56% of respondents said they believe hidden camera use during showings is an invasion of privacy

Whatever side of the transaction you’re on, the numbers make one thing clear: this isn’t a rare, fringe scenario. It’s common enough that both buyers and sellers should understand where the legal line actually is.

What Virginia law actually says

Virginia is a one-party consent state for audio recording under Va. Code § 19.2-62. In plain terms, that means at least one person involved in a conversation has to know it’s being recorded for that recording to be legal.

Here’s where it gets specific to a home showing: if a seller’s camera is picking up audio of a conversation between a buyer and their own agent — and the seller isn’t part of that conversation — the seller isn’t a party to it. That’s the scenario that can create real legal exposure, not just an awkward moment.

Video-only cameras covering common areas like a living room or kitchen are generally not an issue under this statute. Audio is where sellers need to be careful, and where buyers should be aware.

What buyers should do

If you’re touring homes in Virginia Beach, Chesapeake, Norfolk, or Suffolk this season, it’s worth asking your agent whether a home has any known recording devices before you start speaking freely inside it. Most agents won’t know automatically — it’s a fair, normal question to ask before you walk in the door.

What sellers should do

If you already have a security system running and you’re preparing to list, this is worth a conversation before your first showing. A video-only system covering common areas is typically fine. If your system also records audio, it’s worth understanding what that could mean — and whether disclosure is the smarter move before buyers start walking through.

What your listing agreement already says

If you’ve listed with a REIN member firm, this isn’t just something your agent should mention in passing — it’s already built into the Standard Listing Agreement you sign. The agreement specifically addresses audio and video recording, and it puts the responsibility on the seller: unauthorized recording or transmitting of audio or video in the home can violate state and federal wiretapping laws, and sellers agree to hold their agent and firm harmless from any liability that comes from recording activity they’re responsible for.

The same section also flags something worth knowing in the other direction — prospective buyers touring the home, including at an open house, may take their own photos or video of the property. That’s part of why sellers are typically advised to put away personal items before showings begin.

In short: this isn’t a gray area your listing agreement leaves you guessing about. It’s spelled out, and it’s worth reviewing with your agent before your first showing rather than after one.

The bottom line

This isn’t about assuming the worst of anyone. Most sellers running a security system are doing it for the same reason they always have — safety, not surveillance. But knowing where Virginia law draws the line means fewer surprises for everyone at the table, and one less thing to worry about between the first showing and closing day.

If you’re buying or selling in Hampton Roads and want to talk through what this means for your specific situation, reach out — happy to walk through it with you.

This post shares general legal information based on Virginia Code § 19.2-62 and is not legal advice. For guidance specific to your situation, consult a licensed Virginia attorney.

Sources: LendingTree survey, “Nearly a Third of Home Sellers Admit to Hidden Camera Use During Showings”; REIN Standard Listing Agreement (Rev. 07/01/2026), Section 8(M) — Audio and Video Recording