QUESTION

Can a buyer and seller of a very small real estate, such as 1.2 acres of bare agricultural land, use the same attorney to save time and expense.

Asked on Nov 03rd, 2011 on Real Estate - Iowa
More details to this question:
The tract is appraised and the price is agreed upon.
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1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
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Although it is very common in many places for a single attorney to handle a sale/purchase of real estate.  Any such attorney should, in such cases, inform the parties that there is a technical conflict of interest.  He/she may even ask for a written waiver from both parties.  It is very easy for both parties to think that the attorney represents them.  One attorney cannot represent both sides of a transaction when the interests of the parties are at variance.  You have said the price has been agreed upon, but you did not say whether the parties have agreed upon how, and by whom, the settlement costs will be paid -- and whether there might be other issues not yet agreed upon or perhaps even recognized to exist as yet.  So long as the terms of the transaction have been agreed upon and so long as the attorney is not drawn into the negotiation of the various issues, he/she will probably feel comfortable handling the transaction.  If so, it certainly would save money and probably time as well.  If the purchaser has not considered the purchase of title insurance, he should do so.  Ask the closing attorney about the availability and cost of a policy of title insurance.  There is a one-time premium.  If the purchaser does not understand the nature and purpose of title insurance, ask the closing attorney to provide a bit of information about it.      
Answered on Nov 03rd, 2011 at 3:07 PM

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