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Listening During a Home Showing May Violate Wiretap Law, Even Without Recording

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Under federal law, 18 U.S.C. § 2510, interception is defined as the 'aural acquisition' of a conversation, meaning the act of hearing itself constitutes interception — not the creation of a recording. This distinction matters significantly for home sellers who use cameras during showings, as turning off the recording function does not eliminate potential legal exposure if the seller is listening live. The North Carolina Real Estate Commission has addressed this directly, noting that a seller may legally run a camera with the microphone disabled, but actively listening to buyers' conversations during a showing can constitute illegal interception even if no file is saved. The key legal question is not whether a device recorded anything, but whether the listening party was a participant in the conversation or had consent from one. State wiretap laws vary on how many parties must consent, adding another layer of complexity for sellers who monitor their homes remotely during real estate showings.

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