By Melanie Hodges Neufeld
… A lawyer cannot act for both the builder/developer and the purchaser in a real estate transaction resulting from the construction of a new home, even if the parties consent (see section 2.04(9) of the Code of Professional Conduct). This is true even when a corporate builder/developer sells the new home to another, related, corporate purchaser. This restriction applies whether or not the purchaser intends to actually reside in the new home. See Law Society Professional Conduct Ruling, 2013 SKLSPC 4.
This tip first appeared in Volume 27, Issue 1 of the Benchers’ Digest (January 2014). All issues of the Benchers’ Digest back to 1997 are available on the Law Society website. A searchable Professional Conduct Rulings Database is also available. Please check out both for more guidance.