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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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Can I use a videotape in lieu of a written legal agreement

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Can I use a videotape in lieu of a written legal agreement?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer:

Hello Scotty

ScottyMacEsq :

An agreement (contract) should be in writing in certain instances, and in those instances, a video recording of an agreement would not necessarily take the place of a "writing". That being said, it would be very good evidence that there was an agreement in the first place. See Cal Civ Code sec 1624(b)(b) Notwithstanding paragraph (1) of subdivision (a): (1) An agreement or contract that is valid in other respects and is otherwise enforceable is not invalid for lack of a note, memorandum, or other writing and is enforceable by way of action or defense, provided that the agreement or contract is a qualified financial contract as defined in paragraph (2) and (A) there is, as provided in paragraph (3), sufficient evidence to indicate that a contract has been made or (B) the parties thereto by means of a prior or subsequent written contract, have agreed to be bound by the terms of the qualified financial contract from the time they reached agreement (by telephone, by exchange of electronic messages, or otherwise) on those terms.

ScottyMacEsq :

So while it's not a substitute for a written contract, it is certainly evidence that a contract has been made. Note, however, that in California, all the parties to a recording have to consent to the recording being made. That is, it can't be a "secret" recording.

ScottyMacEsq :

And again, the recording is not the contract itself. It is not the same thing as a written contract, but merely evidence that a verbal contract has been entered into.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

Customer:

Thank you very much!!

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

one more question..

Customer:

If there IS a written contract, can the video tape be used in lieu of a notary republic?

ScottyMacEsq :

If the contract is such that it requires notarization, then no. Now often a notary is used to prove the identity of the signers, and as such, it's just evidence that the signer is who he/she says he/she is. To that extent, a video could be used as evidence that the person signing really was the person that he/she purported to be.

Customer:

You were very helpful! thank you :-)

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