Risk Reduction  in Real Estate

This section covers many scenarios about using smart devices at home, Audio/Video recording and their effect on your personal life, real estate transactions and your liabilities. Some rules and scenarios shown below:

·         Audio and recording are two different things with two different rules and laws.

·         Wire-tapping law does not apply to camera.

·         Rowlett Texas funeral case, listening to the suspect.

·         In Texas, if you are part of conversation, you can record conversation legally regardless if the other party knows about it or not.

·         In Texas you may record your minor kids talking to others. However, Do Not record or wire-tapping your kids when talking to your Ex (Ex-wife, Ex-husband).

·         You have expectation of privacy at bathroom and bedroom. Cannot video somebody in bathroom.

·         You may not use Bedroom camera to record even your spouse without his/her knowledge. A court found a wife guilty of Invasion of Privacy of husband when she recorded an affair of her husband with another lady in their bedroom. Court also found the video company that had set-up the video recording in their bedroom guilty and fined them.

·         You may not use Drone for other things that cause invasion of privacy

Some Privacy Issues with Smart Devices

·         Listening others through Alexa and/or similar devices are illegal without knowledge and agreement to be recorded.

·         Currently (as of February 2020), there is a law suit in state of Washington on behalf of some kids claiming they had not agreed or knew to be recorded by those devices.

·         Ring Bells has entered in agreement with Police Dept. to provide them pictures of suspected crimes. Some customers are not happy with this sharing without their knowledge/agreement.

·         Now in some areas, police Dept. gives Ring Bells FREE to those who consent and agree their videos to be watched by Police.

·         Amazon has now face recognition software with facial Analysis.

·         With these types of Facial Analysis software, you (e.g., REALTOR®) can analyze your prospect client/customer to see if he/she dangerous or not!

There are many other cases that could be legal based on each case and situation, for example:

·         It is OK to record somebody in public, if that person is talking loud (high volume) depending on the volume and how close you are to the conversation.

·         Open Window Case: A guy got naked in front of a window, a neighbor took his naked picture and post it in neighborhood website. They found this case is OK and not in a violation of privacy, because that guy who got naked in front of the window did not have EXPECTION of privacy.

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More Information:

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•       http://www.texasfivestarrealty.com/MyBlogs.asp

.       www.TexasFiveStarRealty.com/Risk Reduction in Real Estate.asp

•       BahmanDavani@gmail.com

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