s 84 Advocate and solicitor acting for developer not to act for purchaser in housing development
(1) Where an advocate and solicitor acts for a housing developer in a sale of immovable property developed under a housing development neither he nor any member or assistant of the firm of which he is a member either as partner or employee shall in the same transaction act for the purchaser of that property, and a written agreement prepared by an advocate and solicitor or any member or assistant of the firm acting for the developer in respect of such transaction shall be scrutinised by an advocate and solicitor acting for the purchaser: Provided that if any such written agreement in respect of the transaction is not scrutinised by an advocate and solicitor acting for the purchaser, the advocate and solicitor acting for the housing developer shall obtain a certificate signed by the Purchaser showing that the Purchaser does not intend to engage an advocate and solicitor to scrutinise the agreement for him. (2) For the purpose of this section a certificate shall not be valid unless it is signed by the Purchaser in the presence of a Commissioner for Oaths who is not an advocate and solicitor practising in partnership with, or as the employee of, the advocate and solicitor acting for the housing developer. (3) The developer and the purchaser shall each pay for the fees of its own advocate and solicitor. (4) In subsection (1)— (a) the term “housing development” has the meaning assigned to it in the *Housing Development (Control and Licensing) Act 1966 [Act 118]; and (b) “sale of immovable property” includes the grant of a lease for a term exceeding three years. (5) Subsection (1) is without prejudice to any law affecting an advocate and solicitor who acts for parties where there is a conflict of interest or whenever a conflict of interest may arise. (6) An advocate and solicitor who acts in contravention of subsection (1) may be liable to disciplinary proceedings. (7) Subsection (1) shall not apply to any transaction where the contract for sale was entered into before the coming into operation of this Act. *NOTE—Previously referred to as “Housing Developers (Control and Licensing) Act 1966”–See Act A1142.