Can Buyer and Seller Use Same Solicitor UK

In property transactions, both buyers and sellers usually instruct their own solicitors to handle the legal process. This helps ensure that each party receives independent advice and that there is no conflict of interest. However, some people wonder whether it is possible for both sides to use the same solicitor, often with the idea that it might save money or speed things up. The reality is more complex, and while it is possible in limited circumstances, it is rarely advisable.

The Issue of Conflict of Interest

The main reason buyers and sellers usually cannot use the same solicitor is that the solicitor has a duty to act in the best interests of their client. In a property sale, the buyer and seller have different, and sometimes opposing, interests. For example, the buyer wants to ensure they are protected against hidden problems, while the seller wants to minimise their obligations and complete quickly. A solicitor cannot fairly represent both positions without compromising their independence, which is why most firms will not agree to act for both sides.

When It Might Be Allowed

There are a few limited circumstances where a buyer and seller can use the same solicitor. This usually applies when there is no conflict of interest, such as when property is being transferred between family members or as part of a divorce settlement where both parties agree. In such cases, the solicitor must still assess whether it is appropriate and obtain written consent from both parties. Even then, they may insist that each side has independent advice on certain aspects of the transaction.

The Role of Mortgage Lenders

If the buyer is using a mortgage to purchase the property, the lender will almost always require separate legal representation. This is because the lender has its own interests to protect, and a solicitor cannot act for both the lender and the seller without a conflict arising. This requirement effectively prevents most standard property purchases from being handled by a single solicitor.

Practical Considerations

Even if technically possible, using the same solicitor can create difficulties. If a disagreement arises during the process, the solicitor may be forced to withdraw from acting for either party, leaving both sides to find new representation and causing delays. Having separate solicitors helps ensure that both buyer and seller receive independent advice tailored to their position and that the transaction proceeds smoothly without legal complications.

Conclusion

While it is possible in limited circumstances for a buyer and seller to use the same solicitor, it is generally not permitted due to the risk of conflict of interest. For most property transactions, especially where a mortgage is involved, separate solicitors are required. Having independent representation ensures that both parties’ interests are properly protected and avoids problems if disputes arise.