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Is it illegal for a conveyancer to have both clients

Customer Question
Is it illegal for...

Is it illegal for a conveyancer to have both clients purchaser and vendor for same property

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New South Wales

Lawyer's Assistant: Has anything been filed or reported?

Contracts are in process of being drawn up but a situation occurred with strata fees that the conveyancer notified the purchaser of the problem before even discussing with the vendor and has created a difficult situation regarding sale

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was helping the person selling the property but did not let him know both purchaser and vendor using same conveyancer also the real estate agent recommended this conveyancer and she knew the purchaser was using same conveyancer

Submitted: 10 months ago.Category: Australia Law
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Answered in 7 minutes by:
10/5/2017
Solicitor: John Melis, Lawyer replied 10 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,564
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Solicitor: John Melis, Lawyer replied 10 months ago

Dear customer, in relation to your important question, it is not illegal for one conveyancer to act for both the vendor and purchaser. Where this does occur, the conveyancer musts provide a certificate acknowledging that there is a possible conflict of interest.

In best practice, a lawyer or conveyancer, should not act for both the vendor and purchaser. As conflicts of interest, and failure to provide proper advice usually do occur and results in claims arising.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Please don’t forget to leave positive feed back.

Kind regards
John Melis

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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