Can Buyer and Seller Use Same Solicitor UK

In most cases, a buyer and seller cannot use the same solicitor when buying or selling a property. This is because the solicitor owes each client a duty of care and confidentiality. Acting for both sides could create a conflict of interest, as the solicitor would be responsible for protecting the best interests of two parties with opposing objectives.

However, there are limited exceptions where using the same solicitor may be possible, provided strict conditions are met.

Why Solicitors Usually Cannot Act for Both Parties

A conveyancing transaction involves several steps where the interests of the buyer and seller naturally differ. For example:

• The buyer wants to pay the lowest price possible, while the seller wants the highest.

• The buyer’s solicitor must check for property defects or title issues, while the seller’s solicitor aims to limit their client’s liability.

• Disputes can arise over completion dates, fixtures and fittings, or contract conditions.

Because of these conflicting interests, a single solicitor cannot act fairly for both sides without breaching their professional obligations. The Solicitors Regulation Authority (SRA) rules state that a solicitor must not act for both parties if doing so would risk compromising their independence or confidentiality.

Exceptions to the Rule

There are a few situations where the same solicitor may act for both parties, but these are tightly controlled and relatively rare.

1. Non-Contentious Transactions
If there is no real conflict of interest and both parties give informed consent, a solicitor may act for both. This often applies in straightforward, low-risk situations such as transferring property between family members, separating joint ownership, or gifting property.

2. Same Firm, Different Solicitors
In some cases, the buyer and seller can use the same firm but not the same individual solicitor. Each party would have a separate solicitor within the firm representing them. Clear barriers—known as “Chinese walls”—must exist to ensure confidentiality and prevent information sharing between teams.

3. Remortgaging and Transfers of Equity
When ownership is being transferred between existing co-owners or as part of a remortgage, a single solicitor may sometimes represent both sides, especially if both parties have the same lender. This arrangement simplifies the process and reduces costs.

Even in these exceptions, solicitors must confirm that both parties understand the risks and provide written consent before proceeding.

What Happens if a Conflict Arises

If a solicitor begins acting for both parties and a conflict of interest later develops, they must stop representing one or both clients immediately. This can delay the transaction and lead to additional legal costs if new solicitors need to be appointed.

For this reason, many firms avoid dual representation entirely, even in cases where it may technically be allowed. Maintaining impartiality and client trust is paramount.

Benefits of Having Separate Solicitors

While it may seem easier to share a solicitor, using separate legal representation offers several advantages:

• Independent advice: Each solicitor focuses solely on protecting their client’s interests.

• Confidentiality: Your personal and financial details remain private.

• Reduced risk: Conflicts are avoided, ensuring the transaction proceeds smoothly.

• Clear communication: Each party has a dedicated point of contact throughout the process.

Separate solicitors also make negotiations more straightforward, as they can discuss terms objectively and professionally on behalf of their clients.

Can Joint Buyers Use the Same Solicitor

Joint buyers—such as couples or business partners—can usually use the same solicitor, as their goals are aligned. The solicitor will advise both on how to structure ownership, for example as joint tenants or tenants in common, and ensure both parties understand their rights.

However, if the buyers’ interests begin to diverge (for example, if one wants a larger share of ownership), the solicitor may have to stop acting for both.

How Solicitors Handle Potential Conflicts

Solicitors have strict ethical rules to prevent conflicts of interest. Before taking on a new case, firms carry out conflict checks to ensure they are not already representing another party in the same transaction.

If there’s any risk of a conflict, they must inform both clients immediately and explain their options. In most cases, this means referring one client to a different solicitor or firm.

Costs and Efficiency Considerations

Some clients assume that using the same solicitor will save money, but in most property sales, it’s not possible. Even if both parties use the same firm, separate files, solicitors, and administrative processes are required to maintain compliance, meaning the cost savings are often minimal.

Using two independent solicitors also reduces the likelihood of delays caused by ethical issues or regulatory concerns. It can make the process more efficient in the long run.

Final Thoughts

In general, buyers and sellers cannot use the same solicitor for a property transaction because of the risk of conflict of interest. However, limited exceptions exist, such as transfers between family members or remortgages involving the same lender.

For most property sales and purchases, having separate solicitors ensures that both parties receive independent advice and that the process remains fair, transparent, and legally sound.

By working with experienced conveyancing solicitors who communicate clearly and act in your best interests, you can complete your property transaction smoothly and with confidence.