Can One Lawyer Act for Both the Buyer and the Lender in a Manitoba Mortgage?

This answer covers the law of Manitoba.

Many buyers are told the same lawyer will also act for the lender, but whether that is appropriate depends on the lawyer's professional rules and on whether your interests and the lender's actually conflict. Ask the lawyer to explain in writing who the clients are, and say no or seek separate advice if something does not sit right.

A mortgage gives the lender security over the property, and mortgages and encumbrances are dealt with in ss. 96 to 116 of The Real Property Act. The lender wants the mortgage registered properly against the title it expects, while you want your own terms, costs and risks explained. Those goals usually line up, but they can split if there is a title problem, a mismatch with your instructions or a dispute over the terms.

Registrations run electronically through Teranet Manitoba, and lawyers who register documents must follow Law Society eRegistration rules. What your lawyer must report to the lender depends on the lender's instructions and the lawyer's professional duties, so ask what will be shared and what you will be told if a problem comes up.