Same attorney representing seller and buyer for a contract?

Question

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.

Karl B. · Answer

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...

Stan C. · Answer

Yeah, this is strange. Actually another lawyer told be that it Ok for the "first" lawyer to represent both parties. But I assume that it's even "more OK" to have my own lawyer... Thanks!