Can a Buyer and Seller Use the Same Solicitor

At Lillian Purge, we specialise in SEO for Solicitors. This guide explains if a buyer and seller can use the same solicitor in property transactions.

When buying or selling property, one of the first steps is to instruct a solicitor or conveyancer to handle the legal process. A common question that arises is whether both the buyer and seller can use the same solicitor to save time and costs. While it may sound practical, this arrangement is rarely permitted due to strict rules around conflicts of interest.

This article explains whether a buyer and seller can use the same solicitor, the risks involved, and the limited situations where it might be allowed.

Why Buyers and Sellers Normally Need Separate Solicitors

Buying and selling property are two sides of the same legal transaction. The buyer’s solicitor works to protect the buyer’s interests, while the seller’s solicitor ensures the seller’s rights are safeguarded. These interests naturally conflict, making it almost impossible for one solicitor to represent both parties fairly.

Solicitors are bound by professional rules set by the Solicitors Regulation Authority (SRA), which prevent them from acting for clients whose interests may conflict. If a solicitor were to act for both buyer and seller, they could be placed in a situation where protecting one client could disadvantage the other.

For example, the seller may want to complete quickly, while the buyer might wish to delay to finalise their mortgage. One solicitor cannot advise both sides without breaching confidentiality or acting against one client’s best interests.

The Rare Exceptions

There are limited situations where the same solicitor may be able to act for both buyer and seller, but these are carefully regulated and relatively uncommon.

1. Sales Between Family Members or Within a Company

If the transaction is between close family members or between connected businesses where both parties fully understand the arrangement, a solicitor may be permitted to act for both sides. However, the solicitor must first confirm that no conflict of interest exists and that both parties give informed written consent.

2. When Acting for Both Buyer and Mortgage Lender

It is common for a solicitor to act for both the buyer and their mortgage lender because both share a mutual interest in ensuring the property is legally sound. However, this is different from representing the seller. The solicitor still owes a duty to the buyer but also must ensure the lender’s legal requirements are met.

3. Very Low-Risk Transactions

In rare cases where the transaction is straightforward and both parties agree entirely on all terms, one solicitor might handle the legal work. Even then, it would require written consent, strict conflict checks, and full transparency from all sides.

Why Using the Same Solicitor Is Risky

Although using one solicitor may appear convenient, it can cause complications if a dispute arises. Potential issues include:

• Conflict of interest: The solicitor cannot prioritise one client over the other.

• Breach of confidentiality: Sensitive information shared by one party may affect the other’s position.

• Delays or cancellation: If a conflict becomes apparent later, the solicitor must withdraw from representing both clients, forcing them to find new representation mid-transaction.

• Reduced trust: Either party may feel uncertain about whether advice is fully impartial.

For these reasons, most reputable firms will decline to represent both buyer and seller in the same property transaction.

What Happens If a Conflict Is Discovered Midway

If a solicitor begins acting for both parties and later identifies a potential conflict, professional rules require them to immediately stop representing both sides. This situation can delay completion, increase costs, and add stress for both the buyer and seller. Each party must then instruct a new solicitor, and the case must effectively restart.

To prevent this, firms carry out detailed conflict-of-interest checks before accepting instructions from both parties.

Alternatives to Using the Same Solicitor

Even though a single solicitor cannot usually represent both sides, there are efficient ways to keep the process smooth:

• Use solicitors from the same firm: In some cases, two different solicitors within the same law firm can act separately for buyer and seller, provided that safeguards (known as “information barriers”) are in place. This maintains independence while benefiting from shared systems and communication efficiency.

• Choose firms that communicate well: Good coordination between solicitors reduces delays without compromising impartiality.

• Start early: Instructing solicitors as soon as the sale is agreed helps prevent administrative hold-ups.

Costs and Convenience

Many people ask about sharing a solicitor because they want to save money. However, using one solicitor rarely results in meaningful savings once the risks are factored in. The cost of separate representation is a worthwhile investment for ensuring both parties’ interests are properly protected.

Using two solicitors also avoids complications if problems arise during the sale, such as disputes over fixtures, survey issues, or title defects.

How to Choose the Right Solicitor

Whether you are buying or selling, your solicitor should be experienced, communicative, and transparent about fees. Before instructing, ask:

• What is included in the conveyancing quote?

• How often will you provide updates?

• Who will handle my case day-to-day?

Selecting a solicitor who specialises in property law ensures you receive clear, practical guidance from start to finish.

Expert Advice from Lillian Purge

1. Avoid conflicts of interest. It is rarely advisable for both parties to use the same solicitor.

2. Seek independent representation. Having your own solicitor guarantees impartial advice and protection.

3. Be transparent early. If you are connected to the other party, disclose this so conflict checks can be completed.

4. Prioritise communication. Smooth transactions rely on proactive solicitors working together effectively.

5. Focus on security. Independent legal representation reduces the risk of costly mistakes or disputes later.

While buyers and sellers may share the same goal of completing a sale, their legal interests differ. In almost all cases, it is best for each party to have their own solicitor to ensure fairness, clarity, and compliance throughout the transaction.

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