A buyer and seller can use the same conveyancing firm only if there is no conflict of interest and strict regulatory criteria are met. In practice, this arrangement is uncommon โ and for good reason. A conveyancer acting for both sides must serve two clients whose interests frequently diverge, which makes genuinely independent advice very difficult.
๐ก Quick answer: The same firm can act for both parties in a small number of situations โ primarily when the transaction is straightforward and both parties know each other well. In most standard property purchases or sales, both sides should have separate representation.
Can a Solicitor Act for Both the Buyer and Seller?
Under the rules of the Solicitors Regulation Authority (SRA) and the Council for Licensed Conveyancers (CLC), a firm may act for both buyer and seller only if all relevant criteria are satisfied. Acting for both parties is permitted in principle, but it is rare because the risk of a conflict of interest arising is high.
What Is a Conflict of Interest?
A conflict of interest in conveyancing arises when the same firm represents two or more parties whose interests compete or are likely to compete. There are two main types:
| Type | What It Means |
|---|---|
| Client conflict | The best interests of the buyer and seller clash, or there is a significant risk they will. For example, the buyer wants a lower price; the seller wants the highest possible. The solicitor cannot fully advocate for one without disadvantaging the other. |
| Own interest conflict | The conveyancer's duty to act in the best interest of a client conflicts with their own interests โ for example, if they stand to benefit financially from the transaction in a way that could bias their advice. |
When Can Buyers and Sellers Use the Same Solicitor?
The SRA and CLC rules allow dual representation only in specific, limited circumstances. The transaction must be:
- Substantially similar in interest โ for example, a gift of property between family members or a transfer between spouses
- Low risk of conflict โ if the firm is confident no conflict will arise during the transaction
- Both clients must give informed written consent after being fully advised of the risks
In standard arm's-length property sales between strangers, it is almost never appropriate for one firm to act for both sides. Even where it is technically permissible, most reputable firms will decline, as managing any emerging conflict mid-transaction is extremely difficult.
Does Using the Same Solicitor Save Money?
On the surface, it might seem cheaper to share a solicitor โ but the savings are often minimal and the risks are significant. If a conflict of interest emerges mid-transaction, the firm must stop acting for one or both parties, forcing a switch that causes delays and additional costs.
In most cases, both parties getting independent representation at the outset provides far better value and protection. Compare quotes from separate firms to understand the actual cost difference before committing to a shared arrangement.
Risks of Buyers and Sellers Using the Same Solicitor
- Compromised advice: The solicitor cannot give full, frank legal advice to one client without potentially prejudicing the other.
- Forced withdrawal: If a conflict emerges, the firm must stop acting โ causing delays and expense for both parties.
- Confidentiality issues: Information one party shares with the firm in confidence may be difficult to keep from the other.
- Lender restrictions: If either party has a mortgage, their lender's rules may prohibit dual representation entirely.
What Does the SRA Say?
The SRA's Code of Conduct requires solicitors to act in the best interests of each client. Where there is a conflict, or a significant risk of one, solicitors must either decline to act for one of the parties or โ in limited cases โ proceed with informed consent from both parties and effective safeguards. The CLC has similar requirements under its Code of Conduct for Licensed Conveyancers.
Alternatives to Using the Same Solicitor
If your priority is saving time and streamlining communication, there are better options than shared representation:
- Choose solicitors from the same firm but different offices โ some firms permit this when strict internal information barriers are in place.
- Choose solicitors who use the same conveyancing platform โ digital platforms enable faster communication between separate firms.
- Use an online conveyancer โ many online firms are set up for speed and clear digital communication, reducing delays without the conflicts of shared representation.
๐ Related guides: What is a conveyancer? ยท How to instruct a solicitor when buying ยท Changing solicitors mid-transaction
Frequently Asked Questions
Is it legal for buyers and sellers to use the same solicitor?
It is legal under SRA and CLC rules in limited circumstances, but most firms decline to take on both parties due to the inherent conflict of interest in a standard property sale.
Can buying and selling friends or family members use the same solicitor?
Family or gift transfers are the most common scenario where dual representation is permitted, as the interests of both parties are often aligned. Both parties must still give informed written consent.
Does sharing a solicitor speed up conveyancing?
It can marginally speed up communication, but if a conflict arises mid-transaction and the firm must withdraw, the resulting delay will far outweigh any initial time saving. Separate, good-quality solicitors with efficient communication practices are a safer bet.
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