There is no general rule of law that says the seller’s lawyer or the buyer’s lawyer must be the one to prepare the Deed of Assignment.
However, as a buyer, it is in your best interest to have your own lawyer prepare or, at the very least, carefully review the Deed of Assignment before you sign it.
The reason is simple. Your lawyer is working to protect your interest as the buyer. The Deed of Assignment is an important legal document that transfers the seller’s interest in the property to you, so its terms should properly protect your rights and cover important issues relating to the transaction.
The seller’s lawyer, on the other hand, has a professional duty to protect the interests of the seller. This does not mean that the seller’s lawyer will necessarily act unfairly or prepare a bad document. It simply means that the lawyer’s primary responsibility is to the client who engaged them.
Therefore, if you are buying a property, having your own lawyer involved gives you an opportunity to properly investigate the property, review the terms of the transaction and ensure that the Deed of Assignment adequately protects your interest before you commit yourself.
That is the main advantage of having your own lawyer handle or thoroughly review the document.
