Representing both sides to a Residential Real Estate Closing

In North Carolina, a lawyer is required to handle real estate closings by law. Regarding residential real estate closings, a good question is whether the same law firm can represent both sides of the transaction. The simple answer is yes, in North Carolina the same law firm can represent both sides.

Starting in 1996, law firms were allowed to represent both sides in a residential real estate closing. When law firms represent both sides of a residential real estate closing, they are allowed to do so long as there will be no adverse effect on the interests of both clients and further, both clients give their consent. However, if one side of the transaction doesn’t want to be represented by the same law firm, they can choose a different law firm to represent them.

Before a law firm can represent both sides to a real estate transaction, the law firm must determine whether there is any impediment to being able to truly represent both sides. If a law firm determines that they can represent both sides, the law firm must act impartially. Further, if a potential conflict arises, it must be minimal and the law firm will be able to handle it without prejudice to either party. However, if there is a more than a minimal conflict between the parties, the law firm must withdraw from the representation. Our law firm has extensive experience in representing both sides to a residential real estate closing. Please reach out to our firm if we can assist you in a residential real estate closing.

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