Do you record all your back and forths with clients? If not, you may want to reconsider, as they can provide key points upon later review, especially when there is not full clarity on some specifics. More urgently, they can help avoid issues ranging from simple disagreements about what was said or, even potentially significant legal entanglements.
Before deciding to record anything, first review the laws in your state. One-party consent states allow recording if at least one person in the conversation (the agent) consents. All-party consent states require every participant to explicitly know and agree to the recording.
Views on recording convos varied among real estate professionals who provided RISMedia with their thoughts on the matter.
“I never record clients,” insists Pam Rosser Thistle, with Berkshire Hathaway HomeServices Fox & Roach, Realtors® in Philadelphia. “I take notes and also click into what they are looking to accomplish, offering advice intuitively.”
“You’re kidding me, right?” counters Jeffrey Decatur, with REMAX Capital in upstate New York. “I record every phone call and Zoom meeting, and have for years. I live and work in New York, where, as many people know, lawsuits are not exactly uncommon. Years ago, I was sued by a seller client, and I had another seller attempt to manipulate my words to fit their own narrative.
“Those experiences changed the way I conduct my business. I decided I needed to do a better job of documenting conversations and interactions. I began recording calls, listing presentations, buyer consultations, open houses, Zoom meetings and just about anything else where recording was appropriate and legally permitted.”
Decatur believes real estate professionals need to be proactive about protecting themselves because if a complaint is made, having reliable documentation can make all the difference.
“This is especially important when it comes to fair housing,” he says. “If someone alleges that an agent made a discriminatory statement or treated someone unfairly, accurate records can help establish what actually happened.”
On the record
Ben Walker, CEO of Ditto Transcripts, has a practical angle on what agents can do with the details buyers share during calls and showings. His advice: where recording is permitted, review the conversation for preferences, deal breakers and promised next steps, then confirm the points that matter before using them.
A buyer may describe the ideal home in terms no listing filter can capture: morning sun in the bedroom, a quiet place to work or a yard that will not take every weekend to maintain. If those preferences disappear into an agent’s hurried notes, the next batch of listings may miss the point.
The stakes for each conversation are clear in a sluggish market that is looking more sluggish by the day. The National Association of Realtors® reported that pending home sales fell 7.3% from August to September. That figure does not measure agent follow-up, but it gives agents reason to make each client exchange count.
“People often remember the budget and forget the sentence that explains the search,” says Walker. “A buyer might say, ‘We could make the smaller kitchen work, but I need daylight where I’ll sit eight hours a day.’ That is the detail an agent should be able to find before recommending the next house.”
Walker describes how a permitted recording and transcript can help an agent revisit consultations, walkthroughs and inspection discussions. His suggested check after a conversation is short:
- Find the deal breakers. Separate firm requirements from features the buyer merely liked.
- Check what changed. A preference expressed at the first showing may have shifted after the fifth.
- Confirm the next step. Record who agreed to do what, then clarify any consequential point with the client.
The distinction between a searchable record and a reliable one matters. An automated transcript might mistakenly indicate “no pool” as “a pool,” confuse a street name or put a repair estimate under the wrong speaker. Walker advises checking names, numbers, negatives and commitments against the audio before putting them into a client recap.
“Searchable text saves time only if the agent checks the line they’re about to rely on,” Walker says. “I would pay particular attention to ‘can,’ ‘can’t,’ dollar amounts and who said them. Those are tiny pieces of a conversation with a lot riding on them.”
Consent first
Again, agents may need permission to record, and should limit access to client information. A transcript can help prepare an accurate follow-up or organize questions for review. It does not replace signed agreements, disclosures or other required transaction documents.
It is the policy at Christie’s International Real Estate New York for agents to always ask clients for consent before recording a conversation, even though most of them work in New York and New Jersey, which are one-party consent states.
Bill Kowalczuk, a longtime broker at the firm, explains that real estate transactions can get complicated, particularly for first-time buyers.
“There are so many decisions to make, and sometimes a conversation can go on for an hour or more,” he says. “We used to rely on our notes and our memories, but now I can record a conversation, have ChatGPT summarize it and send a follow-up email to the clients outlining what we discussed and what we agreed upon. My use of ChatGPT is limited to recording conversations. I have never shared financial statements, banking details or any other confidential information with it.”
Kowalczuk acknowledges that buyers and sellers change their minds all the time, which he knows is perfectly fine.
“But there’s a difference between changing your mind and remembering what was said differently,” he asserts. “Having the recording allows us to go back and clarify things without getting into a debate with a client about who said what.
“I also like being able to send an email summarizing the conversation right after we’ve had it as a follow-up. If I’ve misunderstood something, or the clients feel that I haven’t represented what they wanted, they can tell me that immediately. It’s much easier to catch something now than to discover a misunderstanding weeks later.”
Kowalczuk adds that one of the best benefits is not having to spend the entire conversation taking notes. He can listen to what the clients are saying and respond accordingly.
“Sometimes it’s a small comment about a neighborhood, a room size or what they’re comfortable spending each month that can turn out to be an important point later,” he says. “Having a transcript really helps. Even when everyone is paying attention, people don’t always walk away from a conversation remembering exactly the same thing. This gives us another way to make sure we’re all on the same page. For agents, it’s really about communicating better with our clients and making sure nothing important gets lost along the way.”
Decatur puts it even more bluntly.
“Documentation has saved me more than once,” he says. “People sometimes misunderstand what was said, remember things differently or hear what they want to hear. When a conversation is documented in writing or recorded, you have something concrete to refer back to. Over time, documentation can also reveal patterns of behavior or repeated misunderstandings.
“I’ve had clients say, ‘But you said…’ My response is sometimes to remind them that our Zoom meeting or phone call was recorded. On occasion, I’ve even sent them the recording so they could hear the conversation for themselves. I once had a buyer accuse me of misinforming him. Fortunately, I had a Zoom meeting addressing the issue, text messages and recorded phone calls. When I reminded him that I had documentation across all those different formats, he backed off. Transparency is important. I want people to understand that conversations may be recorded or documented, and I explain why I do it.
“Recording isn’t about catching people doing something wrong. It’s about accuracy, accountability and protecting both my clients and myself. It helps ensure that everyone can return to what was actually said rather than relying on conflicting recollections.”
