But the question is – can a buyer and seller use the same real estate lawyer? Technically speaking, no! However, they can hire lawyers from the same law firm. As per the laws of the Law Society, an attorney cannot represent both parties simultaneously to avoid any possibility of conflict of interest.
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With real estate transactions, an attorney would ideally represent only the buyer or seller unless it’s under certain (but exceptional) circumstances such as clients being in the same family. Our real estate attorneys at Hoffman & Forde are here to determine the best options for your real estate transaction.
An attorney can help decipher the language of the relevant documents and explain the HOA's obligations under state and federal law. HOAs at times hire an attorney to collect outstanding fees and assessments from homeowners who are not responding to the HOA's enforcement efforts.
Nevertheless, situations can arise where an HOA board member needs an expert opinion, particularly if it involves a dispute with a homeowner or allegations of unlawful behavior such as discrimination. An attorney can help decipher the language of the relevant documents and explain the HOA's obligations under state and federal law.
If not, however, when these defects affect a development's common areas, the homeowners' association should hire an attorney to assist in taking legal action against the developer. This is not the responsibility of individual homeowners.
With real estate transactions, an attorney would ideally represent only the buyer or seller unless it’s under certain (but exceptional) circumstances such as clients being in the same family.
Attorneys have responsibilities to their clients both present and former. In handling a legal matter, they have to identify any conflicts of interest so they can best advocate for their clients. These conflicts include identifying the attorney’s potential personal interests and any conflicts among the clients involved.
When it comes to real estate transactions , attorneys have to keep information about the case confidential and representing both buyer and seller in a transaction can divide the attorney’s loyalty, and inhibit their ability to serve their clients well.
There are some obvious cases in which the attorney cannot represent both parties, such as the defendant and prosecutor. In real estate transactions, if an attorney is retained by both buyer and seller, the ABA gives this specific example: “Directly adverse conflicts can also arise in transactional matters. For example, if a lawyer is asked ...
Further, depending on the content of the communication, that there may be no attorney-client privilege for communications between an associations attorney and individual owners/board members because the attorney represents the association and not the individual owners/board members.
Occasionally, a condominium association is required to be a party in a legal action. While the condominium association is made up of the individual condominium owners and governed by a board, are those individual members or board members themselves also clients of the attorney representing the association. While Maryland law has yet ...
In the context of individual condominium association members, this distinction means that an associations attorney does not hold an allegiance to an owner or board member; thus, an individual owner must insure that his or her opinions on a legal matter are channeled through the association.
Thus, Maryland and other courts would likely rule that an attorney representing a condominium association does not also represent the individual members or board members of the association. This distinction can be important. In the context of individual condominium association members, this distinction means that an associations attorney does not ...
Further, a business that is seeking to recover damages stemming from a fraudulent real estate conveyance is clearly its attorneys client. However, when an entity is composed of individuals, the identification of the client is not always clear.
If an owners opinion is not congruent with the associations position, the associations attorney is not required to adhere to the owners opinion. In the context of attorneys, this clarification means that an attorneys allegiance is only to the association, not to any individual owners.
When an attorney closes a real estate transaction as a "Closing Agent" he does not represent the Buyer or the Seller. He is simply the closing agent. If the Buyer or Seller wants an attorney to represent him or her during the real estate transaction, he needs to hire an attorney solely for that purpose. Although some attorneys can act as the closing agent and the attorney for one the parties, I do not recommend so, unless the attorney discloses to the non-represented party that the attorney is representing the other party.
If the party chose "an attorney as the "closing office" for a real estate transaction (as opposed to choosing a title company)" then the attorney is a closing agent and does not represent either party. You are free and encouraged to hire your own counsel to represent your side of the transaction...
Ethics aside, I think there should always be two lawyers in a real estate transaction because the buyer and seller, the landlord and the tenant, the owner and the contractor, the borrower and the lender, always have different rights and duties that the lawyer needs to consider and to provide legal advice accordingly.
Without getting into the question of whether the title agent, whether an attorney or not, represents only one party, any party to a real estate transaction would be best served by their own attorney and not by relying on a title agent.#N#Best of luck...
In Florida, it is ethical for a lawyer to act as a closing agent who does not represent either party in the transaction. In such a case, the role of the lawyer and the non-representation should be disclosed in writing to the parties in the transaction. In Florida, unlike some other states, it is ethical for a lawyer to represent both buyer and seller in a real estate transaction, provided the lawyer meets with the buyer...
This is a bit of a complicated relationship since corporations can only deal through natural persons, which is usually an officer of the association or a manager. However, attorneys are guided by an elaborate and well-established set of guidelines in how to determine the proper scope of representing the association.
If the driveways are part of the “general” common elements, unless your declaration specifically addresses their use, the board of directors is usually given a fair degree of latitude in adopting parking policies. Your neighbor has no legal authority to apply his interpretation of your condominium documents.
Community associations are corporations and required by law to designate a registered agent. The registered agent is the corporate representative who is served with formal legal papers and process, such as the summons and complaint when a lawsuit is filed.
There is no requirement for the process server to confirm that the registered agent for a community association is a current member of the board of directors. The process server is permitted to rely on the latest records filed with the Florida Division of Corporations.
HOAs at times hire an attorney to collect outstanding fees and assessments from homeowners who are not responding to the HOA's enforcement efforts. Having an attorney enforce collections increases the likelihood of success, since a lawyer will know the procedures for obtaining court judgments and liens based on nonpayment.
The HOA's governing board is usually made up of volunteers from within the community, who are doing their best to interpret the rules, and not always successfully. To help HOA board members with such interpretation and enforcement tasks, and to resolve legal disputes with or affecting individual homeowners, the HOA might retain an attorney.
In theory, the HOA's governing documents are written in plain English, so that anyone can understand their meaning. Nevertheless, situations can arise where an HOA board member needs an expert opinion, particularly if it involves a dispute with a homeowner or allegations of unlawful behavior such as discrimination.
Updated: Jun 18th, 2021. Homeowners' associations ( HOAs) exist for the benefit of residents in a condominium, townhome, or other planned community or development. This benefit can sometimes feel like an obligation, however, when the HOA enforces community rules. And the list of rules is often long!
When an HOA is formed, a variety of legal documents must be drafted so as to comply with state law and to set guidelines for the ongoing operations and management of the community. The most important of these are the HOA's articles of corporation, bylaws, covenants, conditions, and restrictions (CC&Rs), and perhaps less formal rules and regulations.
If not, however, when these defects affect a development's common areas, the homeowners' association should hire an attorney to assist in taking legal action against the developer .
If the defects concern parts of the property that you own individually, it's possible that the HOA will refuse to pay for an attorney for you, in which case you will need to hire one yourself. (Your insurance is unlikely to pay for construction defects.)