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You arrived at this page by selecting:Special rules apply in relation to conflicts of interest in the case of a house sale transaction where the same lawyer acts for both seller and buyer.
1. Both seller and buyer must sign separate consents to the lawyer acting for both, and
2. separate offices of the lawyer must be instructed by seller & buyer, and this must be by them directly (ie not by one office referring one of them to another office)
An exception to this is where the seller & buyer are not at 'arms length' (eg they are related). In this situation the same lawyer can act for both without the above restrictions.
However, where a lawyer acts for both seller & buyer under these rules, that does not make the conflict of interest go away. It is still there and seller and buyer need to be aware of it and accept it as a qualification to the lawyer's usual independent role.
