s t true oral agreements are not enforceable ?
there is a saying if it is not in writing, it did not happen. Is it illegal to record someone making an oral agreement without their knowledge or consent? could I use that recording in court?
- Anonymous1 month ago
You just stated why. People lie. Get into traffic accident? Lie your way out. Can a secret tape be used? No. You'll go to jail.
What you need is a contract. You can buy one at a stationary store. You'll need witnesses & if you want it legal, a notary republic. Otherwise consider what your giving a gift.
- Little PrincessLv 71 month ago
The legality of recording someone's voice varies from one state to the next and often depends upon the nature of the recording.
For many types of contracts, oral agreements are just as enforceable as written ones. The problem is that they're just more difficult to prove in court. Some contracts though are required to be in writing.
- Jas BLv 71 month ago
If someone would not agree to a written agreement the best advise is not to do whatever it is.
- J MLv 71 month ago
It depends on the state. In some states, if people act like they have a contract, the contract is legally binding. This is similar to common law marriage. Contracts can be written or implied.
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- SlickterpLv 71 month ago
The recording cannot be use din court in a two party consent state.
- JLv 61 month ago
Verbal agreements are legally enforceable if you can prove the agreement exists. Check the laws in your state, as they are not all the same. In some states it is a crime to record audio without permission from all parties involved. Other states have one party consent. Make sure it’s legal to record someone without their knowledge before you try to use that recording in court. Best to get as much evidence as possible. Even a text message afterwards that references the agreement can be helpful. The best contracts are written and signed though.
- babyboomer1001Lv 71 month ago
No, it is not true. Oral agreement are perfectly legal and enforceable. Some jurisdictions allow recordings. Others don't. Sometimes, it depends on the judge, whether he will allow it.Source(s): Certified Paralegal, with 25+ years' experience.
- scott bLv 71 month ago
Yes, a verbal contract is every bit as enforceable as a written contract. Just harder to prove. No, in most states you can't record someone without their consent. Though in some states you can. If it was legal to record them in the state, then you might be able to use it. If it isn't, then you can't.
An obvious answer is to just tell the person you're recording it, or get it in writing.
- oil field trashLv 71 month ago
Over the years I have seen many "iron clad" contracts go by the boards. A contract, verbal or written, is only as good as the intention of both parties to honor it.