Can A Real Estate Lawyer Represent
Both Buyer & Seller

We understand, that you have to go through a handsome amount of expenses when you’re buying or selling a personal property, so a thought occurs that why not save a few bucks on the legal end? This thought might have occurred many of you. But beware you have to follow this in a legal proper way. We don’t want you to end up paying more while thinking of saving up!

So here’s the news:

“An individual lawyer cannot act for or otherwise represent both the transferor and the transferee with respect to a transfer of title to real property except in certain limited defined circumstances and only if the lawyer is able to comply with the rules in Section 3.4 of the Rules of Professional Conduct regarding conflicts of interest” Reference to Rules 3.4-16.7 and 3.4-16.9

These limited circumstances are:

  • “A transfer where the transferor and the transferee are the same and the change is being made to effect a change in legal tenure [ Rule 3.4-16.9(a) and subsection 5(2) of Ontario Regulation 19/99, Land Registration Reform Act]”
  • “A transfer where the transferor and the transferee are one and the same and the transfer is being made to effect a severance of land [Rule 3.4-16.9(a) and subsection 5(2) of Ontario Regulation 19/99, Land Registration Reform Act]”
  • “A transfer from an estate trustee, executor or administrator to a person who is beneficially entitled to a share in the estate [Rule 3.4-16.9(a) and subsection 5(2) of Ontario Regulation 19/99, Land Registration Reform Act]”
  • “A transfer where the transferor or the transferee is a government body including the Crown in Right of Canada, the Crown in Right of Ontario, a Crown corporation, an agency, board or commission of the Crown or a municipal corporation [Rule 3.4-16.9(a) and subsection 5(3) of Ontario Regulation 19/99, Land Registration Reform Act. No compliance with law statement is required to register this document to comply with the two lawyer requirement for transfers of title to real property]”
  • “A transfer that is being made to effect the transfer of an easement [Rule 3.4-16.9(a) and subsection 5(3) of Ontario Regulation 19/99, Land Registration Reform Act. No compliance with law statement is required to register this document to comply with the two lawyer requirement for transfers of title to real property]”
  • “A transfer where the transferor and the transferee are “related persons” as defined in section 251 of the Income Tax Act (Canada) [Rule 3.4-16.9(b). When registering the transfer the lawyer will make a compliance with law statement indicating that the transfer is being completed in accordance with the solicitor’s professional standards]”
  • “A transfer where the lawyer practices law in a remote location where there are no other lawyers that either the transferor or the transferee could without undue inconvenience retain for the transfer [Rule 3.4-16.9(c). When registering the transfer the lawyer will make a compliance with law statement indicating that the transfer is being completed in.”

WHAT ARE RELATED PERSONS?

Related persons defined under Section 251 of Income Tax Act Canada as follows:

“(1) individuals connected by blood relationship, marriage or common-law partnership or adoption;”

(2) A corporation

(i) “A person who controls the corporation, if it is controlled by single person,”

(ii) “A person who is a member of a related group that controls the corporation,” or

(iii) “Any person related to a person described in subparagraph 251(2) (b)(i) or 251(2)(b)(ii)”

And

“(3) Any two corporations:

“(i) If they are controlled by the same person or group of persons,”

“ii) If each of the corporations is controlled by one person and the person who controls one of the corporations is related to the person, who controls the other corporation,”

“(iii) If an individual who is in control of a corporation and he is related to any member of a related group that controls the other corporation,”

“(iv) If an individual who is in control of a corporation and that person is related to each member of an unrelated group that controls the other corporation,”

“(v) If an individual or a member of a related group that controls one of the corporations is related to each member of an unrelated group that controls the other corporation,”

“(vi) If every member of an unrelated group that controls one of the corporations is related to at least one member of an unrelated group that controls the other corporation.”

“(4) Where two corporations are related to the same corporation within the meaning of subsection 251(2), they shall, for the purposes of subsections 251(1) and 251(2), be deemed to be related to each other.”

Apart from this, however one law-firm can represent you for sure, with different lawyers working for both the parties.

The benefits for the parties to hire one law firm can include:

  1. Low expenditure, which includes normal courier expenses between law offices.
  2. Practical benefits includes the efficiency of communication between the lawyers as they belong to same law firm.

For this both the parties would be informed of this situation and their consent would be taken. But remember No Information Received regarding the matter can be treated confidential. If a conflict arise between the parties which cannot be resolved (which hardly happens) each party would then be required new representation. 

At Shaikh Law Corporation, we understand that real estate dealings are time and again one of the most financially major decisions you will make. There are many issues and fear you may have and you’re not too confident where to start. That’s where we come in.

We are dedicated to providing our clients with personalized service alongside our top mark legal proficiency. We offer custom-made and expert legal services at a reasonably priced fee. Our team would feel privileged to represent you during this major life decision.

We are fortunate to represent clients from across the GTA. Our team is fluent in Filipino, Urdu, Punjabi and Hindi.

What We Can Do For You?

Purchase

Sale

Refinance

Title Transfer

Independent Legal Advice

Interim Closing

Real Estate Lawyer Fees

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