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Updated almost 7 years ago on . Most recent reply

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100
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Stan C.
  • New York, NY
20
Votes |
100
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Same attorney representing seller and buyer for a contract?

Stan C.
  • New York, NY
Posted

Can seller's attorney draft a contract for me (the buyer), do title search etc..., for a normal attorney fees from my side? Or must I have my own attorney?  The seller's attorney says he can represent both parties. Is that normal? No conflict of interests? The property and attorney are in NC, I'm in NY. 

Thanks. 

Most Popular Reply

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Karl B.
  • Rental Property Investor
  • Erie, PA
2,867
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Karl B.
  • Rental Property Investor
  • Erie, PA
Replied

I was curious about your question and did some research. Here's what one online source (source link listed below) stated: 

"In most circumstances, it is unethical for an attorney to represent two parties to a transaction or dispute. That's because the lawyer has a legal obligation to protect his or her client's interests, and it's difficult-if not impossible-to do that when you're representing two parties whose interests are in conflict. There are, however, limited circumstances when a real estate attorney can represent both the seller of a property and the buyer.

Conflicts of Interest

According to the legal profession's Model Rules of Professional Conduct:

The rules, however, go on to say:

Source: http://www.lawyerlocator.com/residential-real-esta...

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