Ask Texas REALTOR®

Q   I sometimes wish I could record phone conversations with clients and other agents to make sure I get the details of their questions, concerns, or requests correct. Can I legally do that?

A  According to Texas Penal Code §16.02, only one party to a phone conversation must be aware that a call is being recorded. Since you’ll be participating in the conversation and doing the taping, you’ll satisfy Texas law. However, if you’re speaking to someone located outside of Texas, the rules may change. The Reporters Committee for Freedom of the Press maintains a state-by-state guide to laws regarding the taping of conversations (www.rcfp.org/taping); as with any legal advice, it’s best to verify this information with an attorney before you start taping phone calls to clients in other states.

Although the law may not require you to disclose that a phone call is being taped, it might spread some goodwill to be up front with clients and colleagues about recording conversations.

Have a question about finances, licensing, technology, marketing, or other real estate issues? Ask Texas REALTOR® by sending e-mail to texasrealtor@texasrealtors.com or fax to 512/370-2390. Not all questions can be answered.

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