Ethics Question: update
She had legal representation in this matter.
I think I'd have realized that if her attorney and her son were fully aware of the transaction, I would not have been so hhellll-bent on bringing up the issue.
Keep in mind you have a client and although you shouldn't be a willing participant in anything illegal, or even immoral(of which this was neither), your personal involvement into the business relation of the two parties might have caused nothing but problems.
Had your client, in your mind been trying to pull a "fast one", on this little old lady, you should have confronted him about the "possible" situation and if you didn't feel right about it, release him as a client.
What if your inquiry raised an issue(especially maybe with a son who might inherit the property), enough that the neighbor felt she should give this further consideration, where no further consideration was being contemplated before?
By your own admission, zoning laws were not being broken and ONLY the possibility of some future wants or needs were in question.
The most I would have done is to tell the little old lady to check with the planning commission about the transaction.
I admire you for your conviction, but you can only do so much until you get to a point where you might've done too much.
:good:
I would sit them both down in a room and frankly state the pros and cons of this swap for both properties.
> I have a client that needs an additional 1/4 acre for his existing 1 1/4 acre residential lot to meet some zoning regs for the construction of a large shop.
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> He contacted his elderly neighbor (widowed) about purchasing this 1/4 acre and she has agreed. He asked me to prepare a survey and the documents so they could finalize the conveyance.
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> I have had a couple of telcoms with her (the seller) concerning access to her property, etc. She seems like an intelligent and nice enough person. She is by no means a person that could easily be taken advantage of; she takes care of herself.
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> I had to brush up on the codes and discovered if she sells this 1/4 acre to my client her property will actually lose enough square footage that it could hinder future improvements to her property. It will not violate any codes, but it will make her property too small to meet the same requirements my client is trying to satisfy.
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> Would you bring this to her attention?
Could the changes in acceptable use for the parcel be part of the boundary line adjustment exhibit? It seems that might be an appropriate place to disclose information that you feel is useful for the transaction.
Perhaps it would save headaches all the way around if adjustment they sign shows that information. It might provide protection for your client as well.
And...our responsibility is to protect the public. It is our job to provide excellent service to our clients. These are not the same.
I do NOT believe that you have an ethical mandate to explain the rules to the neighbor. There are all sorts of things I don't explain to people. I don't think it is our job to read people's minds. But, apparently you have something there that makes you think there could be a problem. Put it on the survey, and when they sign it, make sure that you mention it among all the other important items.
-David
