A buyer and seller can use the same conveyancing solicitor if there is no conflict of interest and strict criteria is met. Although it’s possible to use the same firm of conveyancers, it comes with risks that make it less common to do.
In this guide, we’ll explore what criteria needs to be met to use the same conveyancer, when it can benefit you and the risks that come with buyers and sellers using the same conveyancer.
Can a Solicitor Act for Both the Buyer and Seller?
Yes, a firm of conveyancers can act for both buyer and seller if all criteria is met. The SRA and the CLC permits acting for both parties if certain rules are met. However, acting on both sides is not very common as there's often a higher risk of conflict of interest.
What is a Conflict of Interest?
A conflict of interest is where two or more parties represented by the same firm have competing interests or disagree on outcomes and is often what stops buyers and sellers from using the same conveyancer.
The main risk of using the same firm of conveyancers is ‘client conflict’. This means the conveyancer is unable to provide full legal advice to one party without it being detrimental to the other.
There are two types of conflict of interest:
Client Conflict
When the best interest of the buyer and seller clash or there’s a significant risk that they will.
Own Interest Conflict
When the conveyancer’s duty to act in the best interest of the buyer or seller conflicts with their own interests.
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What is the Criteria for Using the Same Solicitor?
If there is no potential conflict of interest, strict criteria must be met for a solicitor to act for both parties:
Buyer and seller are made aware of the risks
Buyer and seller have given written consent
Buyer and seller have a substantially common interest
Buyer and seller are competing for the same objective
The solicitor is satisfied it is reasonable to act for both buyer and seller
Each client is represented by a separate fee earner or team within the firm of conveyancers and they have implemented effective safeguards to protect both buyer's and seller’s confidential information from each other
The full criteria can be found in the SRA’s code of conduct or for CLC regulated firms, in the CLC's Conflicts of Interest Code.
What are the Benefits of Using the Same Conveyancer?
If all criteria is met, it can be beneficial for a conveyancer to act for both buyer and seller.
Benefits of using the same conveyancer:
Reduces the Number of Parties Involved
As you’ll only be working with one solicitor, it reduces the number of people involved with the transaction.
Saves Time and Money
As the solicitor will be using the same systems, timetables, and processes, it’ll save time and money by not liaising with other parties.
Fewer Negotiations are Needed
If both parties share interests, there should be fewer negotiations required. This could be as little as agreeing on the same completion date.
Can I use the Same Conveyancer if I’m Buying and Selling?
Yes, you can use the same firm of conveyancers if you’re buying and selling at the same time. As you’ll be the sole party for them, there isn't a conflict of interest. Using the same solicitor for a sale and purchase helps to keep things in the same place.
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How Can Compare My Move Help?
If you’re buying and selling property at the same time, we have a network of licensed conveyancers and solicitors who can help with both. We can connect you with up to 6 regulated and trusted solicitors and conveyancers to help you save time, money and stress.
How to Find a Conveyancer
You should only ever hire a solicitor or conveyancer that are regulated by the following:
Council for Licensed Conveyancers (CLC)
Solicitors Regulation Authority (SRA)
Law Society Scotland (LSS)
Law Society Northern Ireland (LSNI)
Chartered Institute of Legal Executives (CILEx)
Other ways to find a solicitor:
Use a comparison website like Compare My Move
Ask family and friends for recommendations
Look at company reviews
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