EXAMPLE 1

Mr Smith is a real estate agent.

Mr Smith, acting for a seller of a residential property, has taken a deposit of $25,000 from a buyer.

The buyer terminates the contract for the purchase of the house.

Both the seller and the buyer claim the deposit. Mr Smith seeks a lawyer to act for him to commence an interpleader proceeding in the District Court, for the Court to decide who gets the deposit.

Example 2

Mr Jones is a real estate agent who has been sued for negligence.

The person who has commenced the lawsuit is a buyer of a residential property.

Mr Jones had sold the property, on behalf of a client.

The buyer claims that Mr Jones made misleading and/or false representations about whether the property would be rezoned for subdivision.

Mr Jones’ professional negligence insurer refuses to indemnify Mr Jones, because of an exclusion clause in the insurance policy.

Mr Jones seeks a lawyer to act for him to: (a) dispute the decision of the insurer; and, (b) in the interim, defend him against the case that has been commenced by the buyer.