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Realtor Used Phrase “we Have It Recorded” (no Recording Exists) And Buyer Is Alleging Illegal Recording – Should I Be Concerned?

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Location: Florida

Hi all, I’m dealing with a real estate dispute involving an escrow deposit, and I’m looking for some general legal insight.

The buyer is backing out of purchasing my home and is within the financial contingency period and got a loan denial for not being able to secure insurance (even though options were available). I later had a phone call with the buyer and in that phone call he actually told me (for whatever reason) that his wife didn’t want to proceed with the purchase partly because she didn’t want my realtor to receive a commission (she had issues with his professionalism). He also expressed they did not like how my realtor conducted himself. I later relayed that information to my realtor.

My realtor then sent an email to the buyer saying:

“I’m glad we have it recorded that your wife told you she doesn’t want to close so I don’t get paid.”

The issue is: there is no recording. I did not record the call, I was just repeating what the buyer told me. My realtor meant it in the way like we have it noted that he said something that could hurt the buyers case (in case we go to mediation).

The buyer sent me a screen shot and texted me saying that recording a call without consent is illegal (which I understand is true in Florida as a two party consent state), and now I’m concerned about whether this situation could somehow escalate.

My questions are:

  1. Can a statement like “we have it recorded” in an email be used as evidence that a recording actually exists?

  2. Could this realistically lead to any criminal issue for me if no recording was ever made?

  3. Is there any realistic scenario where law enforcement would get involved based solely on something like this?

For context, I already responded to the buyer clarifying that I did not record the call and was just explaining what was said. He never responded and he blocked me.

I’m mainly trying to understand if this is something I need to seriously worry about, or if it’s just a misunderstanding caused by my realtor’s wording.

Thanks in advance for any insight.

submitted by /u/Cheesty
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