Legal Question in Real Estate Law in Texas

conflict of interest and valid contract

Attorney A represents his clients the seller B and also the attorney's own corporation C. B owns two corporations, Oak, Inc and Maple Inc. The seller signs a contract to sell to A, but only signs Maple, Inc. A intends to immediately resell the property to USPS. USPS never returns a signed contract. In addition the contracts between A and B expire. A insists that the USPS has promiesd to buy which is evidensed by their having selected the property and instructed him to arrange for a closing. The closing doesn't happen. Then B is approached by me. I ask if her wants to sell it to me. Several months later B sends me a handwritten offer to sell. A calls me and threatens to sue me if I buy the property. He claims he has a contracy with B. My attorney sent A a letter asking if he had a contract or exclusive representation on the property. A did ot reply. B claimed he had no contract with A.

I have filed a bar grievance. Help me focus on presenting the conflicts.


Asked on 10/17/03, 10:19 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: conflict of interest and valid contract

It is impossible to tell if the pre-existing contracts are still in force without examining those documents. As to the attorney's conflict, that is another touchy issue that cannot be determined without a closer examination of the scenario. As to your involvement, it may be better to walk away from this sticky situation and save yourself a bunch of grief.

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Answered on 10/18/03, 7:52 pm


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