5 min read
In many UK transactions you can use the same conveyancing firm if strict conflict rules are met, but separate conveyancers within the firm must handle each side, and lenders often require panel compliance.
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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.
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.
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:
Yes. 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.
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.
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.
When a firm acts for both sides in a transaction, it should put safeguards in place to keep each client's information separate. This usually means assigning different conveyancing solicitors to each client, keeping separate files, and restricting access to emails and notes.
Both clients should be given a clear explanation of any potential risks or limitations from the start and, where required, agree to these arrangements. Firms should also carry out conflict checks throughout the transaction, not just when they are first instructed. If a conflict arises that cannot be managed, the firm must stop acting for one or both parties, explain the situation in writing, and help arrange a smooth transfer to another solicitor to avoid unnecessary delays.
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.
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
March 13th 2024-6 min read
Navigate the home buying process with ease. Learn about conveyancing, costs, and timelines in our expert guide.
How does conveyancing work?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 a ‘conflict of interest’ (as discussed above). 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.
| Scenario | Can you use the same conveyancing solicitor? | ||
|---|---|---|---|
| Cash purchase both sides | Possibly, if conflict is managed and both parties consent | ||
| One or both parties with a mortgage | Depends on lender panel rules; separate firms are more common | ||
| Related‑party sale or gifted deposit | There's a heightened conflict risk; separate firms often required | ||
| Leasehold or complex titles | Additional parties and consent points increase the likelihood of conflict |
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.
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.
We work with conveyancers that can represent both buyer and seller, streamlining the process and saving you time and stress.
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