Legal Question in Real Estate Law in Washington
I am in a law suit with my current landlord. This was a lease option and I have decided for many reasons not to exercise the option. The suit is over the repairs that I have incurred during the last 12 months. I recently made an offer on a new house which was accepted but during the 3 day attorney review it came to my attention that the attorney the seller was using was in the same firm as the attorney for my landlord. I did notify the seller of my current suit. Today I received a rescission on the offer on advise of counsel who as it turned out happened to be the same attorney as my landlord as the other attorney in the office had a family emergency supposedly so he took over the file. He is advising the seller on so called facts that are part of an ongoing litigation. This has to be a clear conflict of interest and has cost me my house. This can not be legal for an attorney to use a different case against me. What can I do?
2 Answers from Attorneys
If the facts are as you have stated them - the attorney does have an ethical issue. I would suggest that you take the normal first step and file a complaint with the Washington State Bar Association
With all due respect to Mr. Morriss, I disagree. From what you wrote, I understand that your landlord and the seller of a home you want to buy, share the same attorney. That attorney has no ethical or fiduciary duty to you. Now, if your own attorney in the landlord suit also represented the seller of the property you wish to buy, then yes, there would be a conflict.
Otherwise, if I understand it correctly, and the landlord and seller share an attorney, as it relates to you, there is nothing wrong with that attorney sharing information with this two clients about you.
If I am wrong about my understanding of the facts, feel free to contact me and I am happy to discuss the matter with you, but if I am right, at least as far as it affects the purchase of the property you were looking to buy, I think you are out of options, short of upping your offer.
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