The primary question is whether the security system in the property records both audio and video? If so, then the presence of a security system should be disclosed in the listing. While video recording may occur without disclosure (except in areas where privacy might be reasonable expected, such as a bathroom), it is still generally a good practice to disclose. Audio recording in the property must be disclosed to avoid potential criminal violations of Virginia and federal law.

Virginia Code § 19.2-62 states that it is a Class 6 felony to intentionally (1)intercept oral communications; (2) use a device to intercept oral communications; (3) disclose the content of an intercepted oral communication; or (4) use the intercepted oral communication. The only exception to this is if one party to the oral communication has agreed to the intercepted communication. The statute’s definition of intercept is broad enough to encompass recording and live streaming.

If the security system, nanny cam, or other device is recording oral communications, you should advise sellers that such intercept/recording may violate Virginia law. For the recording to be legal, either the buyer agent or the buyer touring the property must consent in writing to the intercept or recording.

To protect listing brokers, the NVAR listing agreements contain a provision that specifically explains the law to the sellers, and states that the sellers agree to hold the broker harmless for any such recording of oral communications.