IS IT POSSIBLE FOR A LAWYER TO REPRESENT BOTH THE SELLER AND THE BUYER IN THE SAME TRANSACTION?

The short answer is no. In accordance with the Rules of Professional Conduct as set out by the Law Society of Ontario, except for very limited circumstances, an individual lawyer cannot represent both the transferor and the transferee in a real estate transaction. Examples of such limited circumstances include scenarios where the transferor and transferee are in a remote area and having two lawyers would cause undue inconvenience to the parties. This exception is unlikely to be a problem within the context of today’s law practice as lawyers have been granted the privilege to meet with clients remotely and sign documents electronically. Other exceptions include where the transferor and transferee are “related persons”, as defined in section 251 of the Income Tax Act, and transfers where the transfer is being made to effect change in legal tenure.

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Disclaimer: The information contained in this article is not to be construed as legal advice. The content is drafted and published only for the purpose of providing the public with general information regarding various real estate and business law topics. For legal advice, please contact us.

About the Author:

Shahriar Jahanshahi is the founder and principal lawyer at Jahanshahi Law Firm with a practice focus on representing business star-ups and investors in the province of Ontario. For further information about Shahriar Jahanshahi, click here.