Smile, You’re (Illegally) on Camera

by Jay Richardson 

Imagine this:
A couple walks through your cottage, marvelling at the lake view. One whispers, “I love it — but not at this price.”

You’re the seller, watching later on your security camera. You catch every word. A small thrill hits — you’ve just learned their negotiation strategy!

But here’s the million-dollar question: were you even allowed to record that?
Let’s unpack it — because in 2025, with smart doorbells, Wi-Fi cameras, and baby monitors everywhere, this topic is happening quietly across Ontario real estate.

What the Law (and Common Sense) Say

Technically, Canada follows something called “one-party consent.” That means you can record a conversation if you are part of it.
But here’s the kicker: if you’re not in the room — you can’t legally record others.

That means a hidden camera or microphone running while buyers and their agent privately discuss your home is a big no-go. It’s considered intercepting private communication — and yes, that can cross into criminal territory.

So, while your doorbell camera can show who came to the door, it shouldn’t be eavesdropping on buyer chatter in your living room.

What CREA Says — Straight from the Source

The Canadian Real Estate Association (CREA) recently tackled this very topic. Their General Counsel, Simon Parham, wrote:
“Secretly recording buyers amounts to unauthorized collection of personal information and may lead to privacy complaints under privacy laws.”
— Canadian Real Estate Association, 2023
CREA also warns that if those recordings capture what the law calls “private communications,” they could breach the Criminal Code.
Their message is crystal clear:
“If sellers or REALTORS® want to record audio or video, they must obtain consent. The safest way is written consent or clear, posted notice.”

That means a sign on your property — “Smile, you’re on camera” — might work for general security footage, but secretly recording buyer conversations? Absolutely not.

But It’s My House — I Can Record If I Want!

That’s the argument most sellers make. After all, it’s your home.
But when your home is being shown, it becomes a temporary private space for the buyers and their agent. They have a reasonable expectation that their conversation is private — especially when discussing price, conditions, or feelings about the property.

Recording that without telling them crosses both a legal and ethical line. Even CREA puts it bluntly:
“Recording someone without their knowledge probably feels invasive to them, and it may hurt trust.”
And in real estate, trust is currency.

A Real-Life Muskoka Moment

I once heard about a waterfront seller who decided to “just listen in” on a showing using a smart home speaker. The buyers admired the property but mentioned they’d offer about $250,000 less than asking. The seller later confronted the buyer’s agent with that exact number — and the deal instantly evaporated. The buyers felt violated.
That secret recording didn’t gain leverage — it destroyed the negotiation.
It’s a perfect example of how even if something seems clever, it can cost you far more than it helps.

What You Can Do

Let’s be practical. You can protect your home during showings — just do it transparently.

Here’s how to stay on the right side of the law and the deal:
1. Use visible security cameras only.
Outdoor or main-hallway cameras are fine for security — just keep them visible and avoid private spaces like bedrooms or bathrooms.
2. Post signage.
A simple “Property under video surveillance” notice gives fair warning and creates implied consent.
3. Skip the audio.
Video (without sound) for security purposes is one thing; listening in is quite another.
4. Ask your REALTOR® to gather feedback the right way.
Showing feedback systems, follow-up calls, and digital forms give you insights without invading privacy.
5. When in doubt — ask before you act.
If you’re not sure, your REALTOR® who can clarify what’s appropriate for your property.

The Bigger Picture — Reputation Over Curiosity

In smaller communities like Muskoka and Lake of Bays, word travels fast. A buyer who learns they were secretly recorded won’t just walk away — they’ll tell their friends, their agent, and even social media. And there’s no marketing plan in the world that can outshine a tarnished reputation.
As CREA reminds REALTORS®: “Even when something is technically lawful, it may not be right — or smart.”
Recording buyers without consent isn’t savvy strategy; it’s a self-inflicted wound.

Jay’s Take
As a listing agent, I completely understand why sellers want to know what buyers are saying. Curiosity is human — and in a slow market, every bit of information feels valuable. But the truth is, hidden recordings don’t build trust; they break it.

They turn what should be a professional exchange into something personal and uncomfortable.
If you want to know what buyers really think, I’ll get you that feedback the right way — openly and ethically.
Because in Muskoka real estate, integrity is worth more than intel.

Final Thought
So, can you record buyers during a showing?
Legally, not without consent.
Ethically, not without consequence.
Transparency keeps deals smooth, reputations solid, and your integrity — untouchable.

Navigating the legal and ethical boundaries of home showings takes experience and discretion. As a seasoned broker who has helped countless Muskoka sellers prepare their homes the right way, I believe professionalism and respect always win the day.