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Updated over 3 years ago, 04/02/2021

User Stats

6
Posts
2
Votes
Clark Andrew Freeman
  • Real Estate Broker
  • New York, NY
2
Votes |
6
Posts

Issues with Attorney Serving as Agent

Clark Andrew Freeman
  • Real Estate Broker
  • New York, NY
Posted

Hi all,

I am a NY lawyer obtaining my real estate agent license.  (I also am interested in conducting my own deals - flipping, house hacking, landlording, etc.).  

I am sure the following issue has been discussed in one or more of the various forums here, but there are so many results when you search for "lawyer" or "attorney" that I am having a hard time finding what I am looking for.  I am wondering if there are any lawyers (preferably NY lawyers) turned agents who can offer some guidance on working as an agent and how that might implicate ethical obligations as an attorney.  For example, under what circumstances can an agent/lawyer offer some basic legal services during the course of a representation, such as preparing simple but tailored contingencies.  It would seem to me a huge benefit to a buyer or seller not to have to hire and pay a separate attorney for every little thing that could be considered the practice of law in a purchase/sale.  But there are obvious issues that might arise from serving in a dual role: the need for a retainer agreement, the need to fully disclose to the client which hat you are wearing and when, conflicts of interest, restrictions on attorney advertising, etc.

I myself am not asking for legal advice, just for someone with relevant experience to point me in the right direction, either through a post or over the phone.

Thanks,

Clark

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