Dual Representation

Definition: Dual representation refers to a legal concept where an attorney represents both the buyer and the seller, or landlord and tenant, in a real estate transaction. This type of representation can occur when there is a conflict of interest or both parties agree to the same attorney.

Explanation: In a dual representation scenario, the attorney has a responsibility to maintain neutrality and act in the best interests of both parties involved. This means that the attorney must disclose any potential conflicts of interest and obtain informed consent from both clients before proceeding with the representation.

Pros and Cons: Dual representation can be advantageous as it offers convenience and potentially lowers costs for the parties involved. However, it also poses ethical challenges as the attorney must balance the interests of both clients, potentially creating conflicts of interest or compromising the attorney’s ability to provide full advocacy for either side.

Legal Requirements: The rules regarding dual representation vary across jurisdictions. Some jurisdictions strictly prohibit dual representation, while others permit it with certain limitations and requirements. These requirements may include thorough disclosure, written consent, and specific documentation to ensure transparency and protection for both parties.