Nearly every week, someone asks me as an experienced Rochester Landlord Tenant Attorney, “Well, the other party doesn’t want to get an attorney. Can you represent both sides?” I always say, “No,” even for family members. Some attorneys will represent both sides, but separate representation really offers your best protection. Things can turn bad – very nasty – even in a simple real estate transaction. If that happens, the attorney’s caught in the middle. You have an attorney who represents your interests, because we never represent both sides. In fact, I usually won’t represent someone unless the other side is represented by an attorney. Experience has shown that it’s a big hassle, especially in representing a buyer when the seller has no idea what they’re doing, but is trying to save money. This is a large purchase and a lot of issues can come up. For your own protection, it’s best that you have your own attorney. If one attorney represents both sides and things go bad, he or she will be unable to represent either side. For that reason alone, I strongly recommend that each party have his or her own attorney – especially in this part of the country where the laws are very different from those in other parts of the country and other states – and attorneys may or may not be involved. And title insurance, even downstate New York is completely different. Attorneys have a much larger role in upstate New York than they do in downstate New York or any other part of the country.
Are you purchasing property and need the guidance of a dedicated real estate lawyer? Contact experienced Rochester Real Estate Attorney Robert Friedman for guidance.
This educational legal blog was brought to you by Robert Friedman, an experienced Rochester Real Estate Attorney.
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