See RPC 210 and Rule 2.2 of the Revised Rules of Professional Conduct.į the interests of the buyer and seller of residential property are generally aligned and the lawyer determines that he or she can manage the potential conflict of interest between the parties, the lawyer may represent both the buyer and the seller in closing a residential real estate transaction with the consent of the parties.īefore concluding that common representation is permitted, the lawyer must consider 'whether there is any obstacle to the loyal representation of both parties.' RPC 210. Yes, provided Attorney reasonably believes that the common representation will not be adverse to the interests of either client, there is full disclosure of Attorney's prior representation of Seller, and Buyer consents to the common representation. May Attorney close the transaction and represent both Seller and Buyer?

If Attorney closes the transaction, Attorney will provide legal services to Buyer including providing an opinion as to title and preparing the loan documents. Seller wants Attorney to close the transaction. The contract was negotiated and executed without the involvement of Attorney. Seller frequently uses the services of Attorney to provide legal representation on various aspects of Seller's real estate transactions including, but not limited to, performing the base title work, preparing restrictive covenants, and drafting construction contracts.īuyer entered into a contract with Seller to purchase a residential lot and house built by Seller. Seller is in the business of buying residential lots and tracts of land, improving the lots and/or subdividing the land for residential or condominium development, and selling the improved lots and land. This opinion explains the conditions that must be met before a closing lawyer may proceed with common representation. The lawyer's financial interest in retaining the seller's business may present special problems.

This opinion addresses the issues that arise in common representation when the closing lawyer regularly represents a seller who is in the business of real estate development. This opinion supplements RPC 210 (April 4, 1997), an opinion on common representation in a typical residential real estate closing. Click here for our full website disclaimer.Opinion examines the circumstances in which it is acceptable for the lawyer who regularly represents a real estate developer to represent the buyer and the developer in the closing of a residential real estate transaction. Should you be in need of legal services regarding a particular matter, please reach out directly to one of our attorneys. Please note that the above text does not constitute legal advice nor does it create an attorney-client relationship.

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