Who is Watching Me?
LOUISIANA REALTORS • May 14, 2018
This article is provided for informational purposes only. Please contact your broker or legal counsel for advice regarding specific circumstances or incidents.
By: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Patty McMurray and Natalie Maples
Many homes and buildings are now equipped with video and audio surveillance. Property owners may have video and audio cameras at their front entrances. They may also have security cameras inside the building or home, or on the perimeter of the property. For example, they may have a doorbell, a security system, a “nanny cam” or baby monitor that records video or audio, or, in some cases, all of the above.
Generally, a property owner has the right to monitor what happens within the four walls of his or her property. A prominently displayed surveillance system and/or conspicuous signs alerting visitors that a system is in use can deter would-be criminals from taking an owner’s personal belongings. However, in the context of selling a home, they can also provide negotiating advantages to sellers: these surveillance devices may allow sellers to intercept conversations between prospective buyers and the buyer’s agent.
What obligation, if any, does a property owner have to notify their REALTOR® of the recording devices? What obligation, if any, does a REALTOR® have to notify potential buyers that video or audio equipment may be recording them while they are viewing a listing?
STATE AND FEDERAL LAW
Both federal and state laws apply to audio and video surveillance. Louisiana is a “one party consent” state. This means that a person may intercept communications in two instances: 1) if the person recording the communication is a party to the communication being intercepted, or 2) if the person doing the recording is not a party to the communication, one of the parties to the communication has given prior consent to the interception of the communication.[1] However, the recording is not permitted by Louisiana law if the audio or video recording is being done for the purpose of committing a crime or a tortious act.[2]
Video surveillance without an audio recording has a different standard than recordings with both audio and video. The federal standard for evaluating video-only surveillance is whether an individual would have a reasonable expectation of privacy in the location where the recording is taking place. Although a homeowner enjoys a “zone of privacy” in their own homes, a prospective buyer generally does not have an expectation of privacy in someone else’s home. There are limits to this, however, as a potential buyer would not expect to be recorded while in the bathroom, where a reasonable expectation of privacy exists in any circumstance.
Louisiana law does not expressly prohibit the video recording or recording the image of someone unless that video or image is recorded without consent and the video is to be used for a lewd or lascivious purpose.[3] Accordingly, a videotape without audio is generally permissible under Louisiana law without providing advance notice or obtaining the consent of the parties.
There are no Louisiana or Federal cases on point wherein an unsuspecting homebuyer's conversation has been recorded and used in negotiations. There have been some cases where conversations of buyers and/or their agents are intercepted through “pocket dialing”[4] but these cases are distinct from the issue of a property owner’s right to maintain video or audio recording on his or her property. However, out of an abundance of caution, and to avoid a potential claim that an illegal or unethical recording was made, or a claim that ethical obligations were violated intercepting conversations of buyers, homeowners may want to disclose the presence of video surveillance devices on the property to potential buyers prior to a showing of the property.
LISTING BROKER
REALTORS® making audio recordings should generally be sure to obtain the permissions required under Louisiana state law. Listing brokers may want to inquire whether surveillance devices are present on the listed property and whether the surveillance devices record audio, video, or both.[5] REALTORS® may wish to include information such as the following in a listing agreement:
My property (check one) has does not have a video or audio surveillance device/system.
My device/system (check one) does does not capture audio.
Buyer’s agents may want to include the following in an exclusive representation agreement:
“I understand that I may be recorded during the time I am in the Seller’s property and consent to such recording.”
Once the REALTOR® knows that there are surveillance devices present on the property, if the surveillance devices record audio, the REALTOR® generally should disclose this knowledge with visitors to the property. This disclosure could be accomplished by posting notices on the property alerting all visitors to the property that they may be recorded during the visit or distributing a notice at the opens houses such as the one attached. There is no precise language required by law; however, here are a few examples of notices of surveillance devices on a property:
- Notice: This property is being monitored by surveillance equipment.
- Smile, and please talk clearly; you are being recorded.
- Welcome to my home. Recording equipment on the premises.
MLS DISCLOSURE
Another way to disclose the presence of surveillance devices would be to disclose such information in the MLS comment fields. Some MLS rules require a listing broker to disclose the presence of recording devices on a property.
BUYER'S AGENTS
Once the buyer’s agent is aware of recording devices present on the property, the buyer’s agent generally should inform their clients of the presence of recording devices. Buyer’s agents may consider making this disclosure to their clients in writing, such as in the attached notice. Although the buyer’s agent is generally not legally required to make the disclosure, as the buyer’s representative is not the one making the recording, such disclosure may help protect the agent from an allegation of an illegal or unethical recording by a client who later claimed to be unaware of a recording device.
As availability and use of technology of home audio and video systems increases, the laws around their use has struggled to keep pace. Disclosure of devices on the property is a good first step in making sure that information intended as private is not shared.
AUDIO-VIDEO SURVEILLANCE DISCLOSURE
Residential or commercial property may have surveillance devices installed which may have audio-video recording technology. Such surveillance devices include security systems, video doorbells, “nanny cams” and other technology, which may be recording audio and/or video during a viewing of the property. These devices may capture conversations. Additionally, these devices may capture video of the inspection of the property.
This notice is to allow the prospective buyers and other parties who are visiting the property to be aware that their conversations and actions while on the property may not be private. By signing below, you are acknowledging that you are aware that your conversations and movements may be recorded during the time you are present at the property.
[1] La. R.S. 15 § 1303(c)(3)
[2] A tort is a legal wrong committed upon the person or property independent of contract. It may be either (1) a direct invasion of some legal right of the individual; (2) the infraction of some public duty by which special damage accrues to the individual; (3) the violation of some private obligation by which like damage accrues to the individual. In the former case, no special damage is necessary to entitle the party to recover. In the two latter cases, such damage is necessary.
[3] La. R.S. 14 § 283(a)(1)
[4] Huff v. Spaw, 794 F.3d 543 (6th Cir. 2015)
[5] Finley Maxson, “Window to the Law: Video and Audio Surveillance,” National Association of REALTORS® (available online at https://www.nar.realtor/videos/window-to-the-law/window-to-the-law-video-and-audio-surveillance-issues).
Louisiana REALTORS® closed out Week 12 of the 2026 Regular Session in the final push toward sine die, with several priority bills either crossing the finish line, landing on the Governor’s desk, or moving through the last major stage of session. The headline for the association is a major win on HB 468 by Rep. Troy Hebert, the residential wholesaling bill, which cleared conference committee with the fixes Louisiana REALTORS® was seeking and was scheduled for final House action on May 29. With the constitutional deadline for third reading and final passage falling on Friday, May 29, and sine die adjournment set for Monday, June 1, the last hours of session became decisive for the remaining bills still in motion. The lead priority remained HB 468 , which is the flagship Louisiana REALTORS® package bill on residential wholesaling. After the House rejected Senate amendments 91-0 on May 20, the bill moved into conference committee rather than dying. House conferees were named as Rep. Troy Hebert, Rep. Phillip Deshotel, and Rep. Jacob Landry, while Senate conferees were named as Sen. Miller, Sen. Allain, and Sen. Connick. The conference committee report was received by both chambers on May 27, and the bill was then scheduled for final House action on May 29. This remains one of the most important bills of the session for the real estate industry because it creates a clearer regulatory framework for residential wholesaling, strengthens consumer protections, and gives the Louisiana Real Estate Commission enforcement authority over the practice. The session also produced a strong slate of enacted real estate, housing, and property-management wins. HB 1027 , the appraiser liability bill, was signed by the Governor as Act No. 187 on May 15 and becomes effective August 1, 2026. HB 292 , dealing with security deposits, was signed as Act No. 63 on May 11 and also becomes effective August 1, 2026. HB 297, expanding lease termination protections for stalking and cyberstalking victims, was signed as Act No. 64 on May 11. HB 300 , dealing with appraisal thresholds for bank-owned property, was signed as Act No. 149 on May 15. Taken together, these measures represent meaningful wins for appraisal certainty, leasing, property management, and transaction stability. Several additional REALTOR®-relevant measures cleared the Legislature and moved to the Governor’s desk by the close of Week 12. HB 1166 by Rep. Kim Carver, the vacant residential property disclosure bill, passed the Senate 38-0 on May 25 and was sent to the Governor on May 27. This is one of the most important real estate bills of the session because it closes an existing gap in Louisiana law for vacant residential properties and should help reduce late-stage surprises involving condition issues, access, utility status, and other material facts that can derail transactions. HB 1187 , dealing with Louisiana Citizens emergency assessments, was sent to the Governor on May 26 and remains an important insurance-affordability measure for homeowners across the state. HB 217 , the optional blight rehabilitation tax exemption bill, was sent to the Governor on May 21 and, together with HB 214 , strengthens the redevelopment toolkit for returning derelict property to commerce. On the constitutional amendment side, Louisiana REALTORS® also saw meaningful progress on broader property-tax and redevelopment issues. HB 214 , authorizing a property tax exemption for rehabilitated blighted or derelict properties, became Act No. 272 and was sent to the Secretary of State for placement on the ballot. SB 180, allowing the surviving spouse of a deceased veteran with a service-connected disability to transfer an expanded property tax exemption, became Act No. 39 and was likewise sent to the Secretary of State for ballot placement. These measures remain relevant to neighborhood revitalization, property-tax fairness, and broader housing stability across Louisiana. Insurance and mitigation policy continued to matter through the final days of session. HB 759 , relating to fortified roof endorsement offers, remained alive on the Senate floor subject to call and needed final Senate passage by the May 29 deadline to survive. That bill remained important because fortified roof policy sits directly at the intersection of mitigation, homeowner resilience, and insurance affordability. At the same time, slower-moving insurance measures such as HB 408 on non-renewal protections for homeowners who timely mitigate and HB 1210 on pre-suit claim review for residential property insurance did not advance this session, but both remain relevant to the longer-term insurance affordability discussion. Week 12 also highlighted the value of Louisiana REALTORS®’s defensive work. HB 617, the hidden-fees bill, stalled in Senate Commerce and effectively ran out of time. That was a meaningful defensive win, as the concern throughout was that broad fee-disclosure language could have unfairly placed liability on real estate professionals for charges they do not control, including fees set by lenders, title companies, insurers, government entities, and other third parties. HB 472 , the rent stabilization bill, remained dead after being involuntarily deferred, which is another meaningful win from a property-rights and housing-supply standpoint, though similar language always remains worth watching late in session. HB 750, dealing with automatic renewal contracts, remained alive on the Senate floor subject to call and continued to require defensive monitoring so that broad subscription language would not bleed into leases, property management agreements, association dues, or nonprofit and association activity. The broader civil justice and cost environment also remained part of the policy picture, even where bills stalled. HB 437 , dealing with expert witness fees, and HB 1089 , dealing with CARE Accounts, both passed the House but stalled in Senate Judiciary A. While they did not advance this session, they remain part of the larger conversation around litigation costs, insurance affordability, and the long-term cost structure affecting property owners, housing providers, and small businesses. The bottom line for the 2026 session is that it was a strong one for Louisiana REALTORS®. The association’s flagship wholesaling bill, HB 468 , cleared conference committee with the fixes we wanted and moved to final House action. Four major REALTOR®-relevant bills were already enacted into law: HB 1027, HB 292, HB 297, and HB 300 . Two property-tax constitutional amendments, HB 214 and SB 180 , are headed to the ballot. Three additional bills, HB 1166, HB 1187, and HB 217 , reached the Governor’s desk. On defense, rent stabilization was stopped, the hidden-fees bill stalled, and problematic consumer language in other measures was monitored closely through the final days of session. Louisiana REALTORS® remained engaged through the end on every issue affecting real estate transactions, mortgages and lending, insurance affordability, property management, private property rights, blight and redevelopment, property taxes, and housing supply across Louisiana.
From the Louisiana Department of Insurance: During a press conference today with Governor Jeff Landry, Insurance Commissioner Tim Temple announced that registration for the next round of the Louisiana Fortify Homes Program (LFHP) will open at 8 a.m. on Monday, June 1, and will include 3,000 grants. The registration period for this lottery will be open for three weeks, closing at 5 p.m. on Friday, June 19. During the press conference, Gov. Landry signed HB 1187 by Rep. Paul Sawyer, which will allow Louisiana Citizens Property Insurance Corporation to transfer $50 million in additional Katrina bond assessment funds to the LFHP. Combined with the $30 million in funding the program will receive through taxes and fees on insurance entities, the LFHP will receive a total of $80 million this year. “By lowering overall losses, we can reduce insurance and reinsurance costs, draw more insurers into the market, motivate existing companies to write additional policies and lower insurance premiums,” said Commissioner Temple. “That is exactly what the Louisiana Fortify Homes Program is designed to do.” The list of coastal parishes that are eligible to participate is expanding to include Acadia, Jefferson Davis and Lafayette parishes. Additionally, homeowners who live in the portions of Ascension, Calcasieu, Iberia, Livingston, St. Martin, St. Tammany, Tangipahoa and Vermilion parishes that were previously not included in the program will now be eligible to participate. A map showing the full list of eligible parishes is available on FortifyHomes.La.Gov . “Louisiana is the fastest growing state in the country for Fortified roofs, and that growth is not by accident—it is the result of strong support from Governor Landry and legislators like Chairman Talbot, Chairman Firment and Representative Sawyer, targeted program design, and a clear recognition that strengthening homes is one of the most effective ways to reduce insurance losses,” said Commissioner Temple. “At the end of the day, this program is about more than just roofs. It is about protecting families, it is about strengthening communities, and it is about putting Louisiana in a stronger position—both physically and economically—to face the challenges ahead.” To participate in the lottery, homeowners must register during the June registration period. Homeowners who registered for a previous round but were not selected must register again to participate. People who register on the last day of the registration period have the same chance of being selected as those who register on the first day, so there is no need to rush to register as soon as the period opens. When registering, homeowners will need to upload their homestead exemption, insurance policy declarations page that includes wind coverage, and flood insurance declarations page if the residence is in a flood zone. Homeowners who need assistance obtaining a copy of their homestead exemption should contact their parish tax assessor. Homeowners can contact their homeowners and flood insurance companies or agents for a copy of their policy declarations page. Homeowners are required to create a profile in the LFHP system before registering for the lottery and may do so by visiting the LFHP website and clicking the Login button. Homeowners who previously created a profile may use the same one for this and future rounds. Once the lottery registration period closes, the LFHP will randomly select 3,000 participants and send email notifications to registrants about whether they were selected to participate. These selection notices will be sent via email beginning on Monday, June 22. There are several program requirements that homeowners should be aware of before registering. Those interested in the program are encouraged to review eligibility information and frequently asked questions at FortifyHomes.La.Gov to determine whether their home meets the requirements for the program. If selected to participate in the grant program, homeowners will be financially responsible for having the home evaluated by a FORTIFIED-certified Evaluator as well as costs for the roof upgrade including permits, inspections and construction costs beyond the amount of the grant The LFHP provides grants of up to $10,000 for homeowners to upgrade their roofs to standards set by the Insurance Institute for Business & Home Safety. The program helps Louisiana homeowners strengthen their roofs to better withstand hurricane-force winds.
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