Conveyancing - Preparing to sell

Can the same solicitor act for both buyer and seller?

4 min read

Many movers question whether they can share a conveyancer with the other party, hoping to save both sides some time and money. Read on to find out My Home Move Conveyancing’s view.

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family talking after sorting out a conveyancer for their house sale and purchase

Key takeaways:

  • Buyers and sellers can use the same conveyancing firm if there is no unmanaged conflict of interest and regulatory criteria are met.

  • If you’re buying and selling at the same time, you’re the only person involved so there is no conflict of interest between parties. This means you can usually use the same conveyancer, which often offers many benefits.

  • Your conveyancer will decide if they can act for both parties, following regulation guidelines. If they identify a conflict that can’t be managed, they can only represent one party, and the other will have to instruct a different conveyancer.

  • Using the same firm can speed up the process and reduce duplicated work, but it can also create difficulties if disputes arise or priorities clash, so you’ll need to weigh the benefits against the risk of conflict of interest.

Buyers and sellers can use the same conveyancers

In summary the buyer and seller can use the same conveyancing firm, provided there is no conflict of interest, and the same individual conveyancer is not used by both parties. Using the same conveyancers can speed up the process and reduce unnecessary communications, but this can only be done if certain regulatory criteria are met. However, often the interests of the seller (to achieve the highest possible price) conflict with those of the buyer (to get the best price for the property). This makes dual representation less feasible, particularly for smaller, independent firms, because the solicitor cannot fully serve both parties’ interests at once.

Continue reading our article below to find out benefits of using the same solicitor for both parties, what the regulations say and how to limit any conflict of interest.

Alternatively, if you are ready to make your move get your personalised conveyancing quote here.

Should I use the same conveyancer as my buyer or seller?

Ultimately, the question can only be answered on a case-by-case basis. There are many benefits of using the same solicitors for conveyancing, but there can also be important conflicts of interest that could violate regulations.

We understand that if you’re looking to buy or sell a home, it’s only natural you want the process to run smoothly. If you’ve been in this position before, you may have already experienced the bumps in the road and additional costs that can crop up in the process. It’s for these reasons that many movers question whether a solicitor or conveyancer can act for both buyer and seller, hoping to save both parties time and money.

In this article we explain:

Should I use the same conveyancer for buying and selling a house?

If you’re buying and selling a property at the same time, you’re the only party involved in the process, and there’s no conflict of interest. This means you can benefit from using the same conveyancer, who can help you speed up the process and complete as soon as possible.

However, if you are buying or selling a property with another party involved, then conflicts of interest may arise.

Who decides if the same conveyancing solicitor can act for buyer and seller?

In a few scenarios, buyers and sellers using the same conveyancer can’t receive the level of personal care and professional advice they should because of what’s known as a ‘conflict of interest’. That’s why regulation is now clear that the same conveyancer can only act for both parties if several criteria are met.

Ultimately, it’ll be up to the conveyancer to decide if these criteria are met, and they can take your case on. Many conveyancers will be happy to consider doing so, and they’ll discuss any benefits or potential downsides.

In theory, a different conveyancer working for the same firm may represent each party, which can go a long way in avoiding potential complications.

What is meant by a ‘conveyancing conflict of interest’?

There are two types of conflict of interest:

  • Client conflict: When there’s a clash between the buyer's and seller’s best interests. This means the conveyancer either shows preferential treatment to one party or is unable to provide full legal advice to one party without it being detrimental to the other.

  • Own interest conflict: When there’s a clash between the conveyancer and client’s best interest; financial or personal.

So, what do the regulations say about using the same conveyancer?

The most up-to-date regulations don’t make separate representation for buyers and sellers compulsory. Instead, they list the circumstances in which using the same conveyancers would be allowed. If none of these criteria are met, then the conveyancer must choose one party to represent, otherwise they would fall foul of their regulatory Code of Conduct.

If you’re unsure whether you meet these criteria, you can contact us to find out more about conflict of interest for your own case.

What are the circumstances where using the same conveyancer may be possible?

If the solicitor can find a way to minimise the risk of any potential conflict of interest, then it should be possible for both parties to use the same conveyancing firm.

How does a conveyancer determine whether there is a conflict of interest?

To assess whether your transaction has a conflict of interest, your conveyancer will consider things like:

  • The bargaining power of each party and how likely they are to use it

  • Any unique vulnerabilities in each party’s situation

  • The length of the chain, and each party’s position within it.

What happens if the conveyancer decides the conflict risk is minimal?

If your conveyancer concludes that the risk of conflict is low or can be managed effectively, they may proceed with the transaction. In this case, they’ll put safeguards in place for both parties, which often include:

  • Inform both parties in writing about the risks and consequences if the conveyancer must stop acting

  • Ask both parties to give informed consent in writing, acknowledging the situation

  • Record an analysis of the factors they’ve considered to conclude they can act for both parties

  • Ensure each party is represented by different individuals from the same firm

Want to learn more about how conveyancing works? Take a look at our handy conveyancing guide.

What’s the benefit of using the same conveyancer?

So, should you try and use the same conveyancing firm? The process of buying or selling a home can be complex and bureaucratic – so you can benefit from using the same conveyancer to act for buyer and seller.

You can use the same solicitor to:

  • Reduce the number of parties involved and avoid unnecessary communications between conveyancers

  • Speed up the conveyancing process as the same systems, processes and timetables are applied on both sides

  • Avoid negotiations since both parties have the same interest and are working towards the same goal.

Ultimately, it is up to you to determine if you wish to use the same conveyancer, and to weigh up these benefits against possible conflicts of interest. If you’d like more support, please do contact us to see what our experts would recommend for your case.

Using the same Solicitor FAQs:

  • Often you can, but not in all circumstances. A buyer and seller can use the same conveyancing firm if there’s no conflict of interest and separate conveyancers within the firm handle each side.

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