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Dual Representation

I recently obtained my real estate brokers license in Massachusetts. Since I am an attorney in Massachusetts as well, the process was simple. Now that I have my broker's license, I know I have to disclose information to any potential client. Is there any other attorney/mortgage originator/real estate broker out there that does have a dual role in a possible transaction. What have you done about it in the past?

Thank you,

George

George N. Piandes, Esq.

Law Office of George N. Piandes, PC

Phone - 508-281-8255

Fax - 508-281-8251

Website - www.gnplawfirm.com

E-mail - george@gnplawfirm.com

Posted by George N. Piandes, MA Real Estate Attorney on 08/02/2007 08:16 AM

Comments (3)

real estate, brokers, mortgage originators, loan officers, attorneys, lawyers, dual representation, disclosures, conflict of interest

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3 Comments on Dual Representation

As a former real estate paralegal, I know that in Illinois you can not represent someone as an attorney and as a real estate agent at the same time.

08/02/2007 08:48 AM

by Kelly Sibilsky ~ Lake Zurich RE/MAX Real Estate Agent (RE/MAX Unlimited Northwest)

There is no doubt that dual representation can be tricky...I personally don't feel that proper justice can be done to both sides. My broker feels the same way, which is why our company does not participate in such transactions.

08/02/2007 08:49 AM

by Danielle V. Lewis - DDR Realty (DDR Realty)

Are you talking about Dual Agency or representation as a real estate attorney and also as a real estate Broker? If it's the former, I never practice it because I want to give my client 100% representation and feel it's in my client's best interest.

However, if it's the latter, I'm not sure I'd want to risk my real estate license and my license to practice law by offering both services. It seems to me that if you are acting in the capacity of a Broker and represent in writing to your clients that your fiduciary responsibility does not include legal representation, they could argue "But hey, you're an attorney! You should have known!" if something goes wrong. Well, you're an attorney - what would a judge say in a scenario like that?

08/02/2007 09:08 AM

by Irene Morales Ward, Realtor, ABR, e-Pro Northern Virginia Real Estate (REMAX Absolute)

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