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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42285
Experience:  Texas Attorney for 30 years dealing in real estate
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I am a realtor in Texas who recently showed a house with a

Customer Question

I am a realtor in Texas who recently showed a house with a potential buyer who is my client for the property. The home owner call her realtor stating that her feelings were really hurt by some things that my client and I discussed in the home, but my client did make an offer and they counter offered as well. The realtor called me today to state that our conversations in the home were recorded, although my client loved the home but wanted to make some changes to the home. Is this legal for this homeowner to record the private conversations between me and my client without our knowledge?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: The only paperwork was a offer (contract) that we sent to their realtor. We were just so surprised that what was previously stated that they would consider all offers wasn't the case with my client who made a reasonable offer.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, I'd love to find out if this is considered legal...the privacy of my client has been disclosed as to what kind of approval they rec'd from their bank
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Customer: replied 4 months ago.
OK...thank you for assisting us
Expert:  Ray replied 4 months ago.

Unfortunately it is legal here in Texas.

Texas's wiretapping law is a "one-party consent" law. Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents.

Texas Recording Law | Digital Media Law Project

So seller can tape in her home without your consent.You certainly consider telling the buyer to walk away from the deal if there was no agreement.I personally find this repulsive even though it is legal.Lesson learned tell client you will discuss it after you visit the property say nothing on site.I am so sorry you had this happen.

I appreciate the chance to help you tonight.Thanks again

If you can positive rate 5 stars it is much appreciated.