2013 (Legal Ethics) Bar Exam Questions: Multiple Choice Question 20

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Armin, holding a transfer certificate of title to a lot in downtown Calamba in the name of Bobby, shows you the title and claims that Bobby sold him the lot. He then asks you to draft a deed of sale covering the transaction. In reply to your query on where Bobby is, Armin explains that Bobby is currently out of the country but he (Armin) has his general power of attorney which he also shows to you. The power of attorney empowers Armin to do everything that Bobby can do with the Calamba lot, but you note that it does not specifically authorize Armin to sell the property. Armin also assures you that he wants the deed of sale drafted so he can send it to Bobby for his signature even while overseas.

How will you act under the given circumstances? (1%)

(A) Agree to draft the deed of sale, subject to your usual 10%commission.

(B) Refuse to draft the deed of sale, as Armin has not presented a special power of attorney that would support the deed that he is asking you to prepare.

(C) Refuse to draft the deed of sale, as Bobby is not present to sign the deed of sale and verify that he is indeed selling his lot to Armin.

(D) Agree to draft the deed of sale, since it is only a draft that Bobby still has to consider and sign.

(E) Refuse to have anything to do with Armin’s request because it is a potentially problematic situation given the price of lots in downtown Calamba.

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