Legal Question in Civil Litigation in Utah

Re: Recording a conversation without permission

The evidence would not be admissible. If they said under oath that

they had such evidence (and it didn't contain one of you folks agreeing

to be recorded or they didn't produce proof of permission), that might

well be admissible in a criminal or civil case against them for making

the illegal recording.

I would at this point assume that they're attempting

to bluff you and that they didn't even record you.

On another hand, you probably did tell them some things about

the car, e.g., that it runs or it's never been in an accident,

and they CAN create admissible evidence that you said so by

so testifying. (It's one of the exceptions to the hearsay rule,

"statement of the opposing party.") Furthermore, under some states

laws, a car even if sold with a contract that states "as is" must

still meet some criteria for saleability, e.g., must function as a

car should for some reasonable length of time after purchase. This

state generally has a 'lemon law' as well specifically applying to

the sale of cars, and the only way 'round it is to get some sort of

certificate from the state - a salvage license for the car, I think.

Anyway, you should see a local lawyer, but again I would assume you're

being bluffed. Don't spill the beans, though -- let them think they're

bluffing you and maybe bluff them right back. As an example, you might

say, "so, do you have your own statements on tape, like when you said you

understood that there were serious problems with the

car and weren't going to come back to us? Send the transcript to my

lawyer and then we'll talk." But stick to the truth, seriously, and just

ignore the tape stuff for now. It's best to let them think they have you

fooled but you don't have to run scared, if you've done the right thing.

Also, generally, stand firm and tell them that if they have you saying something

on tape, it must be so, and tell them to send you a copy of the tape right away.

But don't let them record you on the phone and try to send some particular statement

to you from the phone call as if it'd been recorded earlier!

That's wierd.

Maybe they did tape you. I'd try not to worry. You probably

ought to let a lawyer handle it for you, though.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.