Can Sellers Record a Home Showing in Wisconsin? What Buyers and Sellers Should Know About Security Cameras

by Jeff Zuelke

Security cameras have quietly become part of everyday life. There may be a video doorbell at the front door, a camera overlooking the driveway or a home security system that has been running for years. Most homeowners barely think about them anymore — until the house goes on the market and buyers begin walking through.

Then a very reasonable question comes up: Can a seller keep those cameras on while buyers are touring the home?

In Wisconsin, the short answer is generally yes. Wisconsin has a law that specifically addresses surveillance during real estate showings and allows property owners to use certain recording devices while people are viewing a home for sale. There are also important limits on where recording can occur and what you can do with a recording afterward.

For most buyers and sellers, though, this doesn't need to become a complicated legal discussion. It's really about understanding what is common in today's homes, respecting everyone's privacy and using a little common sense during a showing.

Cameras Are Simply Part of Many Homes Today

Think about how much home security has changed over the past several years. Cameras were once something you associated with a professionally installed security system. Today, homeowners can see who's at the front door from their phone, check whether a package was delivered or see what's happening in the backyard while they're away.

When that homeowner decides to sell, those devices don't necessarily disappear.

A seller may keep using the same security system they've always used while buyers tour the property. In fact, Wisconsin law specifically addresses the use of surveillance devices during private showings, open houses and other visits related to selling a property.

That doesn't mean sellers are sitting somewhere watching every showing or listening to every conversation. In most cases, the security system is simply doing what it did before the For Sale sign went into the yard.

Still, knowing recording is possible helps everyone involved.

So, Can a Wisconsin Seller Record a Showing?

Wisconsin Statute § 995.60 allows a property owner, subject to certain restrictions, to use a surveillance device in or on the property while someone is there for a private showing, open house or another viewing connected with the sale.

The law includes devices capable of recording images or sound, which is worth knowing because many modern security systems have both video and audio capabilities.

There are boundaries. For example, Wisconsin law does not allow surveillance devices to be used in a bathroom or washroom during these real estate viewings. The law also places significant restrictions on what a property owner may do with recordings afterward, including generally prohibiting recordings of people at a showing from being posted, published, distributed or otherwise shared, with limited exceptions provided by law.

The practical takeaway is much simpler than the statute itself: A seller may have security cameras operating during your showing, so it's reasonable to assume that a home you're touring could have an active security system.

No need to make it awkward. Just be aware of it.

Buyers: Enjoy the Showing — Just Save the Strategy for Later

This is probably the most useful advice we can give buyers.

When you walk into a house you love, it's completely natural to react. You might love the kitchen, realize the backyard is exactly what you've been searching for or start imagining where your furniture would go before you've even made it upstairs.

Enjoy that part of the experience.

Ask your agent questions. Talk about the layout. Look at the storage. Discuss whether the bedrooms work for your family. Ask about the roof, windows, mechanical systems or anything else you want to understand about the property.

What you may want to save for later is the negotiating conversation.

For example, announcing in the kitchen, “I'd pay $20,000 more for this house if I had to,” probably isn't the best idea.

Neither is discussing exactly how high you're willing to go, how desperately you need to move by a certain date or which negotiating points you'd immediately be willing to give up.

Those conversations are better held with your agent once you've left the property.

This isn't about being secretive. It's simply good negotiating practice, whether there's a camera in the home or not.

Sellers: You Don't Have to Turn Your Home Into Fort Knox

There's another side to this conversation, and it's important.

Sellers shouldn't come away thinking they need cameras covering every corner of their house before listing it. If you've never had a security system, this isn't a reason to install one just because you're selling.

On the other hand, if cameras or a security system are already part of your home, you don't necessarily need to dismantle everything when the property goes on the market.

Talk with your real estate agent about what's in the home and how it operates. Know which devices record video, which may capture sound and where they're located. If you're unsure about a device or have questions about privacy or Wisconsin law, that's something worth addressing before showings begin.

The goal is a comfortable showing experience for everyone.

Buyers need enough freedom to look carefully at the property and decide whether it's right for them. Sellers understandably want to know their home and belongings are secure while strangers are walking through.

Those two things can comfortably coexist.

Does a Seller Have to Put Up a Sign Saying Cameras Are Recording?

This is another common question.

Wisconsin's real-estate surveillance statute does not require a homeowner to post a notice announcing that surveillance equipment is operating during a showing. The Wisconsin REALTORS® Association has also explained that the statute does not require sellers to disclose the presence of surveillance equipment.

That is one reason buyers shouldn't rely on seeing a sign or spotting a camera.

Instead, make awareness part of your normal showing routine. If you happen to see a camera, there's no reason to be uncomfortable. If you don't see one, don't assume there isn't one.

Either way, the approach is the same: tour the home normally and save confidential discussions for afterward.

It's Not Just the First Showing

Buyers may visit a property several times during a transaction.

There is the initial showing, but there may also be an inspection, appraisal, contractor visit, measuring appointment or final walk-through. The Wisconsin REALTORS® Association has explained that Wisconsin's statute can apply to these other property viewings connected with the sale as well.

This becomes particularly relevant during a final walk-through.

Buyers and their agent may be checking repairs, confirming that agreed-upon items remain with the property or making sure the home's condition hasn't materially changed before closing. Those conversations are part of evaluating the property and should happen.

If something comes up that could affect negotiations or closing, however, your agent may suggest continuing that discussion once you're outside the home.

Again, it's less about cameras and more about developing good habits throughout a real estate transaction.

What Should Sellers Do Before Their First Showing?

If your home already has cameras, a video doorbell or another security system, take a few minutes to understand exactly what you have.

Many homeowners are surprised to discover how their own equipment is configured. A device they thought captured only video may also have audio capability, or a system may be saving recordings automatically.

Your real estate agent doesn't need to become your technology expert, and certainly isn't your attorney, but your agent should know that the equipment exists so you can have an informed conversation about preparing the property for showings.

If there are questions about whether a particular setup complies with Wisconsin law, that's when getting appropriate legal guidance makes sense.

Most situations aren't nearly that complicated. Sellers simply need to know what's operating in their home and use their security equipment responsibly.

What Should Buyers Do Before Touring Homes?

You don't need a new set of rules for touring houses. Most of this comes down to the same showing etiquette that has always made sense.

Treat the home respectfully, remember that you're in someone's private property and focus your time inside on evaluating the house.

Take note of what you love and what concerns you. Ask questions. Look carefully at the spaces that matter to you. Don't be afraid to tell your agent that you like the home — there's a big difference between saying “I really like this kitchen” and announcing “I'll pay anything to get this house.”

Once you're back outside, that's the time to talk openly about how interested you are, what the home may be worth to you and what your next move should be.

A good buyer's agent will help you separate the emotional reaction to a home from the strategic decisions that come next.

A Little Awareness Goes a Long Way

Security cameras aren't going away. If anything, they're becoming so common that most of us barely notice them anymore.

That doesn't have to make home showings uncomfortable.

For sellers, the important thing is understanding the security equipment already in your home and recognizing that Wisconsin places boundaries around how surveillance may be used during the selling process.

For buyers, the lesson is even easier: assume cameras may be present, enjoy touring the home and save private financial or negotiating conversations until you've left the property.

There is no reason to walk through every Wisconsin home wondering whether someone is watching. There is also no reason to ignore the reality that many homes now have security technology operating every day.

Being informed lands comfortably somewhere in the middle.

Local Guidance for Rock County Buyers and Sellers

Buying or selling a home involves dozens of details that most people understandably don't deal with every day. Security cameras during showings are a perfect example. It's a small part of the process, but knowing what to expect can make the experience smoother for everyone.

Jeff and Becky Zuelke and the Zuelke Real Estate Team work with buyers and sellers throughout Rock County, including Janesville, Milton, Beloit and the surrounding communities. Whether you're getting ready to put your home on the market or beginning your search, we're here to help you understand the process, ask the right questions and make informed decisions from the first showing through closing.

Zuelke Real Estate Team | Jeff & Becky Zuelke
Jeff: 608-295-9866
Becky: 608-921-0778
jeff@ZTeam1.com | JeffZuelke.com

Have a question about buying or selling in today's Rock County market? Reach out to the Zuelke Real Estate Team for a personal consultation.

***This article is intended to provide general real estate information and should not be considered legal advice. For questions about a specific situation or the application of Wisconsin law, contact a qualified Wisconsin attorney.

 

Jeff Zuelke
Jeff Zuelke

Broker | License ID: 53149-90

+1(608) 295-9866 | jeff@zteam1.com

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