Conveyancing.docx - Citing the relevant statutory...

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Citing the relevant statutory provisions, briefly state and discuss the obligations of an advocate to his client to where he has been engaged to act for both the vendor and purchaser in the disposition of a freehold interest. In order for conveyancing to be done properly, it is essential that it be done by a duly registered advocate(s). The normal practice is that different advocates represent both the purchaser and vendor respectively but where a single advocate represents both the vendor and purchaser, ethical and professional issues are likely to arise. A case on point is King Woolen Mills limited v M/s Kaplan and Stratton Advocates 1 the court found that no advocate shall at any time be permitted, unless with clients express consent, to disclose any communication made to him in the course and for the purpose of his employment as such advocate, by or on behalf of his client, or to state the contents or the condition of any document with which he has become acquainted in the course of the purpose of his professional employment, or to disclose any evidence given by him to his client in the course and for the purpose of such employment An advocate who is involved in conveyancing and is acting for both parties, is charged with, but limited to the following duties/obligations; 1. Correspondence The concerned advocate must initiate correspondence upon taking instructions from a client. This will ensure that the advocate has adequate information to carry out the transaction and advice the clients effectively. 2. Confidentiality The advocate is under duty to maintain confidentiality and not disclose any information to third parties. In the case of an advocate acting for both parties, he should be able to act 1 Civil appeal No. 55 of 1993 (UR)
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in the best interest of both parties and where a conflict of interest arises, he should withdraw from acting for the clients. If the clients agree to be represented by a single advocate and dispute arises, it is the duty of the advocate to help resolve the dispute. 3. The advocate has a duty to draft the contract between the parties making sure that all the relevant and special terms are included in the contract. 4. The advocate is required to obtain a Land Control Board consent where the land in question is agricultural land. 5. The advocate must by way of correspondence obtain the following information: i. Name and address and contact details of client(s) – if he is an alias, this must be indicated. Where a client has different names, a statutory
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  • Spring '16
  • Law, Land, Real property law, Immovable property, Land Registration Act 2002

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