real estate litigation lawyer can potentially represent both buyers and sellers in a dispute, but it is generally not recommended or common practice. The reason for this is that there is an inherent conflict of interest between buyers and sellers in a real estate transaction.
When a buyer and seller are involved in a dispute, their interests are often directly opposed to each other. The buyer may be seeking to rescind the contract, recover damages, or enforce specific performance, while the seller may be seeking to enforce the contract, retain the deposit, or seek damages for breach. These conflicting interests can create a situation where it is difficult for a lawyer to effectively represent both parties without compromising their duty of loyalty to each client.
Lawyers have a duty to provide zealous advocacy and undivided loyalty to their clients. This means that they must act in the best interests of their clients and avoid any conflicts of interest that could compromise their ability to provide effective representation. When representing both buyers and sellers in a dispute, it can be challenging for a lawyer to fulfill this duty, as they may be required to make decisions or take actions that benefit one client at the expense of the other.
Additionally, representing both parties in a dispute can create the appearance of impropriety and undermine the lawyer’s credibility. It may be perceived as a conflict of interest, which can lead to ethical complaints, legal challenges, or even disqualification from the case.
In most cases, it is advisable for buyers and sellers involved in a dispute to seek separate legal representation. This ensures that each party has an advocate who is solely focused on protecting their interests and can provide unbiased advice and representation. By having separate lawyers, both buyers and sellers can have confidence that their interests are being fully and effectively represented.