Legal Question in Real Estate Law in Virginia

conflict of interest / real estate closing

I recently purchased a new construction home. The builder offered incentives (money towards closing costs) but only if you used their lawyer. I agreed and went through with closing only to find out later that the lawyer I used is the brother of the builder. Now 6 months after closing a legal issue has come up and I dont feel that I can trust my closing attorney. Isn't this a conflict of interests. Would the attorney have to disclose their relationship to the builder before closing??


Asked on 12/06/07, 2:14 pm

2 Answers from Attorneys

Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: conflict of interest / real estate closing

Certain affiliated business relationships are required to be disclosed. There is a differnce from the brother being "your lawyer" vs. him being the "closing agent". Although,in my opinion, both warrant disclosure.

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Answered on 12/06/07, 2:34 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: conflict of interest / real estate closing

If you feel that your legal interests are being ill-served by this attorney which may be due at least in some measure to the questionable relationship which you've described, file a complaint with the Virginia State Bar (www.vsb.org)and let them investigate it.

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Answered on 12/06/07, 4:45 pm


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