Conflict of Interests

"The fox guarding the hen-house" or "Dracula in charge of the blood bank". But sometimes conflicts of interests are not that obvious.

A conflict of interests occurs when a person who has a duty to act in the interests of a client also has a duty to act against the interests of that same client.

Typical examples of a conflict of interests are:

  Where a commission estate agent is paid by the vendor of a property, but offers "advice" to a purchaser about the wording of a building inspection condition;
  Where a commission estate agent "values" a property for a client, and also advises as to what price the client should accept;
  Where a lawyer or conveyancer acts for both parties in the one matter;
  Where a lawyer or conveyancer offers gifts to commission estate agents in return for client referrals, but then advises the client when a dispute arises as between the client and the commission estate agent.








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