Annotations to Appendix C – Real Property Transactions

Annotations to paragraph 2  Acting for parties with different interests

A lawyer cannot act for a title insurer in addition to either or both of the purchaser and mortgagee. A contract to insure the title cannot be said to be part of the real property transaction. Such a contract is a contract of insurance that falls outside the real estate exception to the conflict rules permitted by Appendix 3 of the Professional Conduct Handbook.  [PCH]
EC October 2001, item 2

A lawyer acted for the purchaser and mortgagee in a real estate transaction. The purchaser flipped the property and entered into an agreement with another purchaser, whom the lawyer also represented. The lawyer breached his fiduciary duty to the second purchaser by failing to disclose each party's interest in the transaction to every other party and obtaining their consent, and in failing to disclose the profit being made in the second conveyance.  [PCH]
2004 LSBC 40

Annotations to paragraph 4  Simple conveyance

Strata titled hotel units being sold by a developer have a commercial element that does not permit them to be classified as simple conveyances.  [PCH]
EC April 2000, item 12

Annotations to paragraph 5  Advice and consent

Where a possible conflict exists between Appendix 3, item 6(a) and Chapter 6, Rule 5 of the Professional Conduct Handbook, item 6(a) overrides the more general statement contained in Chapter 6, Rule 5.  [PCH]
EC February 2000, item 9

Annotations to paragraph 7  Unrepresented parties in a real property transaction

When a lawyer is attending only to execution and attestation of a mortgage, the client must be advised of such and of the need to obtain independent legal advice. Failure to do so constitutes professional misconduct.  [PCH]
DCD 03-11 

[BC Code] refers to an annotation that was created during the time the BC Code was in effect (from January 1, 2013) and is not based on or does not refer to a provision of the Professional Conduct Handbook.

[PCH] refers to an annotation to the former Professional Conduct Handbook, which was in effect from May 1, 1993 to December 31, 2012. Lawyers should consider the possible differences between the Handbook and the BC Code when determining the extent to which an annotation is still relevant.

EC refers to Ethics Committee minutes. For example, the reference "EC March 2005, item 6" refers to item 6 of the Ethics Committee minutes in March 2005.

DD refers to Discipline Digest. For example, the reference "DD 04-05" refers to discipline digest number five in 2004.

DCD refers to Discipline Case Digest. For example, the reference "DCD 01-27" refers to discipline case number 27 in 2001. (Note that in 2007 Discipline Case Digests were phased out and became Discipline Digests.)

LSBC refers to Law Society hearing reports. For example, the reference "2003 LSBC 20" refers to hearing report number 20 in 2003.

For more information on the annotated BC Code, see the Introduction to the Code of Professional Conduct for BC.