Does your seller have audio recording equipment? We have added that disclosure to our Exclusive Right to Sell agreement for a reason! You must make sure that anyone who is subject to being recorded has consented BEFORE they enter … and MAR legal counsel Justin Davidson was clear at our last Legal Luncheon that this can be best accomplished with a notice on the exterior of the home (preferably entry door) before a buyer, their agent and guest enters the home.  This would ensure that there was clear, “constructive knowledge” even before entry into the property, as required by Mass Law. We placed a sign ( 8.5×11 regular paper size) you can print and post in our Brochures and Flyers page online. Or Google Amazon for a vinyl, sticky, metal or fancy version. Surveillance Flyer

Exclusive Right to Sell Clause:  SURVEILLANCE:  The SELLER acknowledges that Massachusetts General Laws Ch. 272, § 99 prohibits the use of any device that streams or records audio without a clear notice/consent of the individuals being recorded in advance of the recording. Seller hereby discloses that their home or property  does /   does not have any audio/visual surveillance equipment. Further, SELLER will notify the BROKER of a change in the surveillance status prior to any showing. To ensure compliance with the law, BROKER will post visible notice on the property and indicate the presence of surveillance in the MLS of any home so equipped before showings to all prospective purchasers and their agents.