• Same property lawyer for seller and buyer

Hi, We are currently in a process of selling a shop. The Buyer has a Property Lawyer and has given us a list of required documents, He has also advised that he can help us out to procure the documents which we currently do not possess. Is it a good Idea to have same Property Lawyer or should we hire a different lawyer.
What the Pro's and Con's of having the same Lawyer?
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

Better to have a different lawyer. This is so because if there's any deficiency in your docs, your lawyer(new lawyer) will not be in direct touch with the seller and hence there will be no leakage of information. 

Vibhanshu Srivastava
Advocate, Lucknow
9694 Answers
312 Consultations

-  You do property document verification by different lawyer. 

That is must. 

 

-  For paper work, its upto you to have same lawyer or different lawyer. 

Recommended is different lawyer. 

 

-  For registration you can have same lawyer. 

 

-  Pros is that you will save money by same lawyer.

Also it saves time because otherwise both lawyers have to confirm dates to be available on same day. 

 

Ankur Goel
Advocate, Bangalore
454 Answers

There is no harm 

It depends how the lawyer is and how competent he is

It also depends whether that lawyer is completely neutral and unbiased 

He should not be biased towards any party 

If the transaction is stuck then he can suggests ways out 

Many parties engage a common lawyer and share his professional fees

The most important aspect is his competency 

If the lawyer is incompetent then both parties get affected

Whereas if there are 2 lawyers representing the respective parties then if one lawyer unknowingly makes any mistake then the other lawyer can rectify the same 

Yusuf Rampurawala
Advocate, Mumbai
7754 Answers
79 Consultations

dear Sir/Ma'am, 

1. It is better to have a different lawyer. it is important that if you keep the same lawyer they need to be neutral and not biased towards one specific side. it is also important that there is no leakage of confidential information. 

2. If you keep the same lawyer you will save time and expenses in the lengthy procedures. 

Thank You

  • For further assistance, you can book a consultation with me. 
  •  

Anik Miu
Advocate, Bangalore
10398 Answers
121 Consultations

There is no harm in having same lawyer

 

it helps in reducing your legal expenses 

 

you can have sale deed vetted by any lawyer if you so desire

Ajay Sethi
Advocate, Mumbai
97531 Answers
7890 Consultations

It is always advisable to engage the services of a different lawyer to that of the lawyer from seller side.

You will not know what is happening  on the seller side because he gets paid from seller first hence you can expect his loyalty towards the seller.

The deal cannot be expected to be transparent.

The opinion also may not be genuine.

You are liable to pay lawyer's fee anyway to the lawyer hence you better engage the lawyer from outside to obtain the relevant documents and also for getting a proper legal opinion as well.

 

 

T Kalaiselvan
Advocate, Vellore
87731 Answers
2358 Consultations

You can continue with the same lawyer. You will be knowing when is acting against your interest. That time you can engage an advocate for you. Right now there is no need for engaging a separate advocate.

Ravi Shinde
Advocate, Hyderabad
4435 Answers
42 Consultations

There is no harm in having same lawyer for the process of executing a deed. You are a seller, so think about the consideration of sale amount. Register the document infavour of buyer only after accepting sale amount 

Ajay N S
Advocate, Ernakulam
4097 Answers
113 Consultations

It's better to hire different lawyer if you feel he has vested interest

Prashant Nayak
Advocate, Mumbai
32887 Answers
209 Consultations

1. In all fairness you should engage your own lawyer.

2. No need to think of pros and cons of having the same lawyer. It is just not wise to have a common lawyer.

Ashish Davessar
Advocate, Jaipur
30813 Answers
974 Consultations

Engage a different lawyer and ask him to procure papers/complete necessary formalities. It is always better to have a separate lawyer. It is also what the law says.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

- If the property is costly then you can engage a lawyer from you side for performing all the required work 

- His lawyer may ask you to sign some documents , which will create objection in your mind. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

1. The Lawyer's role in the process of registering the sale deed is to draft the sale deed and place before the Registrar for registering the deed.

 

2. You do not require two separate lawyers for registering a sale deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

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