In a property transaction where the buyer borrows to purchase and the title is registered, who is a client of the lawyer?

In a property transaction where the buyer borrows to purchase and the title is registered, who is a client of the lawyer?

• A. The seller
• B. The buyer and the lender
• C. The estate agent
• D. The surveyor

Answer: (B)

In a property purchase funded by a mortgage and with a registered title, the lawyer’s client is the person who instructs and pays for the legal work. The borrower is a client because they are buying and their funds are being advanced. The lender is also a client because the loan funds and the security—creating a mortgage on the title—are handled under the lawyer’s supervision, and the lender’s requirements must be met as part of the transaction. The seller has their own solicitor, and the estate agent or surveyor are not clients of the lawyer, even though they’re involved in the process. So both the buyer and the lender are clients.

In a property purchase funded by a mortgage and with a registered title, the lawyer’s client is the person who instructs and pays for the legal work. The borrower is a client because they are buying and their funds are being advanced. The lender is also a client because the loan funds and the security—creating a mortgage on the title—are handled under the lawyer’s supervision, and the lender’s requirements must be met as part of the transaction. The seller has their own solicitor, and the estate agent or surveyor are not clients of the lawyer, even though they’re involved in the process. So both the buyer and the lender are clients.