If I sold a building to a buyer who was an attorney and he stated that he could represent me as the seller and it would make things go more smoothly, is this legal?
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If I sold a building to a buyer who was an attorney and he stated that he could represent me as the seller and it would make things go more smoothly, is this legal?
Asked on December 4, 2011 under Real Estate Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The attorney has a conflict of interest because he is the buyer, you are the seller in this transaction and he wants to represent you, the seller.
The rules of Professional Responsibility require that the attorney advise you in writing of the conflict of interest and that you have the right to discuss this matter with another attorney, who is independent of this transaction. You also have the right to be represented by another attorney.
If you want to be represented by an attorney, it would be advisable to be represented by a different attorney because if there is a dispute in the future between buyer and seller, the attorney, who is the buyer, will be looking out for his own interests and not your interests as the seller.
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