Posted by Mary M. Sorini on 10/06/03

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I would greatly appreciate a sound legal ethics opinion on
the following situation: I am an attorney who represented
a Seller in a real estate transaction. The real property
was sold under a Contract For Deed and an escrow company
handled the escrow set up and is receiving the Buyer's
payments. The Seller refused to purchase either a Title
Insurance Report or Policy on the property. Before the
escrow was scheduled to be set up, I discovered that the
Seller did not (and still doesn't) own the property. I
advised the Seller (several times) of this fact and told
her she needed to file a civil action to get the property
vested in her name. She chose (and still chooses) to
disregard my legal advice on this matter. My legal ethics
question is as follows: since the Seller has dis-regarded
my advice, do I then have a professional responsibility to
advise the Buyer that the Seller doesn't own the property?
To make matters even worse for me, the Seller is my
Mother!

Re: Professional responsibility for attorney, 10/06/03, by rrr.

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