When buying or selling property in Ontario or Alberta, you might wonder whether one real estate lawyer can represent both parties. The short answer is: generally no, but there are exceptions.
Ontario's Rules on Dual Representation for Real Estate Lawyers
In Ontario, the Law Society of Ontario's Rules of Professional Conduct prohibit real estate lawyers from representing both the buyer and seller in most residential property transactions. This rule exists to prevent conflicts of interest and ensure each party receives independent legal advice.
The primary concern is that buyers and sellers have opposing interests. A real estate lawyer representing both parties cannot fully advocate for either side.
Ontario Exceptions
Ontario law does permit dual representation in limited circumstances:
- Family transfers between spouses, parents and children, or siblings, although in most cases, you may require independent legal advice
- Transactions where parties are related or in a long-standing relationship
- Both parties provide informed written consent after full disclosure
Even in these situations, most real estate lawyers decline dual representation to avoid any appearance of impropriety.
Alberta's Approach
Alberta follows similar principles under the Law Society of Alberta's Code of Conduct. Real estate lawyers in Alberta generally cannot represent both buyer and seller in property transactions due to conflict of interest concerns.
Alberta permits exceptions when:
- The parties are related or have an ongoing relationship
- Both parties provide informed consent in writing
- The lawyer can adequately represent both interests
Why Separate Real Estate Lawyers Matter
Having your own real estate lawyer ensures:
- Independent legal advice tailored to your interests
- Someone advocating solely for your position
- Confidential discussions about strategy and concerns
- Protection if disputes arise during or after the transaction
Your real estate lawyer reviews the Agreement of Purchase and Sale, conducts title searches, handles mortgage documentation, and ensures you understand all obligations before closing. This protection is worth the modest additional cost.
The Bottom Line
In both Ontario and Alberta, you should expect to hire separate real estate lawyers for buyer and seller. While exceptions exist for family transfers and special situations, most residential real estate transactions require independent legal representation.
When your real estate lawyer can focus entirely on your interests, you receive better protection and more thorough representation throughout the property transaction.
Always hire your own real estate lawyer for property purchases or sales in Ontario and Alberta. Separate legal representation protects your interests and ensures you receive independent advice throughout the transaction.
Related Resources
- When Should I Hire a Real Estate Lawyer? - Learn the optimal timing for engaging legal representation
- How to Choose a Real Estate Lawyer - Essential questions to ask before hiring your lawyer
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