Can you use the same conveyancer as the seller?
If you’re buying a property, it’s natural to wonder whether you can use the same conveyancer as the seller to save time and keep things simple. In most cases, the honest answer is no, because conveyancing solicitors have to follow strict conflict of interest rules.
That doesn’t mean the question isn’t worth asking. There are a small number of situations where a firm might still be able to act, and understanding why the rules exist will help you see why having your own independent solicitor is usually the safer choice.
This guide covers what the rules actually say, when a same solicitor for buyer and seller arrangement is ever considered, whether your mortgage lender has a view, and what to do if your chosen firm has to say no.
The quick answer: can you use the same conveyancer as the seller?
Conveyancing solicitors are bound by their regulator’s Code of Conduct, which says a solicitor must not act where there’s a conflict, or a significant risk of a conflict, between the interests of two or more clients. In a typical house purchase, the buyer and the seller don’t share the same interests. One wants the highest price and the earliest possible completion, the other wants the lowest price and more flexibility, so a conveyancing conflict of interest exists from the outset.
Solicitors are sometimes allowed to act for clients with conflicting interests if those clients share a substantially common interest in the matter. However, this exception generally doesn’t apply to an ordinary property purchase, because although both sides want the sale to complete, they don’t share the same interest in price, timing, or the condition of the property. This is why using the same conveyancer as the seller is unusual rather than routine, and why most solicitors will decline before the question is even fully asked.
What is a conveyancing conflict of interest, exactly?
There are two types of conflict a solicitor has to watch for, and understanding them explains why firms are so cautious about acting for both sides of a sale.
- Client conflict: when the solicitor’s duty to act in the best interests of one client would work against the interests of another client, such as disagreeing on price or completion dates
- Own interest conflict: when the solicitor’s personal or financial interest in the outcome could affect the advice they give to a client
A conveyancing conflict of interest doesn’t need to be an active argument to matter. Even the possibility that advice given to one side could disadvantage the other is enough for a solicitor to decline, or to withdraw if it emerges partway through a transaction.
- Disputes over the survey findings or who pays for remedial work
- Disagreements about what’s included in the sale, such as fixtures and fittings
- One party wanting to renegotiate the price after exchange of contracts
- A breakdown in the chain that affects one side more than the other
When might a same solicitor for buyer and seller arrangement be considered?
There are narrow circumstances where a firm may agree to act for both parties, though it remains uncommon in practice. These tend to involve family transactions or connected parties where there’s genuinely little room for disagreement.
- Both parties give fully informed, written consent to the arrangement
- There’s no realistic scope for a dispute over price, timing, or conditions
- Each party is represented by a different, separate solicitor within the same firm
- Strict confidentiality safeguards are put in place between the two files
- The firm carries out conflict checks throughout the transaction, not just at the start
Why most firms will still say no
Even where the criteria above look like they could be met, many firms decline to act for both sides. The regulatory risk to the firm is significant if a dispute later emerges, and a solicitor who has to withdraw partway through a transaction can cause more delay and cost than if two separate firms had been instructed from day one.
Does your mortgage lender allow a same solicitor for buyer and seller setup?
Even if a firm is willing to consider acting for both of you, your mortgage lender has its own say in the matter. Most lenders require the solicitor handling their security to be on their approved conveyancing panel, and many lender instructions specifically restrict solicitors from acting for a borrower where a conveyancing conflict of interest with the seller could arise.
- If you’re buying with a mortgage, ask early whether your lender’s panel terms allow shared representation
- Cash purchases have more flexibility, though the conflict of interest rules still apply between the two clients
- Related-party sales, such as buying from a family member, often face extra scrutiny from both the lender and the solicitor
What happens if your solicitor can’t act for both of you?
If a firm decides it can’t take on a same conveyancer as the seller arrangement, the process is simple. The buyer instructs their own independent solicitor, and the transaction continues as normal, just with two firms working towards the same completion date rather than one.
At Versus Law, our residential conveyancing team acts independently for buyers and sellers, giving each client a dedicated point of contact who can give full, unconflicted advice throughout the transaction.
Wondering if you need your own conveyancing solicitor?
If you’ve been offered the option of using your seller’s solicitor, it’s worth getting independent advice before you agree. Get in touch with our conveyancing team and we’ll explain what independent representation would mean for your purchase.
The perceived benefits, and the real risks, of a same solicitor for buyer and seller arrangement
It’s easy to see why buyers and sellers are drawn to the idea. In theory, using the same solicitor for buyer and seller could mean:
- Fewer parties to coordinate, which can feel simpler
- One set of systems and timetables instead of two
- Less back and forth between separate firms
But the risks tend to outweigh these perceived benefits in practice:
- If a conflict does emerge, the solicitor may have to stop acting for one or both parties partway through
- Neither party gets fully independent advice on the terms of the sale
- Regulatory complications can cause more delay than using two firms from the start
- One party may unintentionally be at a disadvantage if the solicitor can’t advise as freely as they would with a single client
Is it a bad idea to use the same solicitor as the seller?
It isn’t necessarily a bad idea in every case, but it’s rarely the safer one. Even where a firm agrees to act for both sides with separate individual solicitors and full safeguards in place, you’re still relying on the same organisation to manage two sets of confidential information and two potentially different sets of priorities. Most buyers find that the small amount of time saved isn’t worth giving up fully independent advice.
Getting independent advice as a buyer
Choosing your own solicitor, rather than using the same conveyancer as the seller, means you get advice that’s focused entirely on your interests, from the survey stage through to completion. The Law Society’s own guidance on conflict of interest in conveyancing confirms that the common interest exception generally doesn’t apply to a standard buyer and seller relationship, which is why most firms will only ever act for one side of a transaction.
At Versus Law, we offer fixed-fee residential conveyancing with a dedicated solicitor who works for you alone, so there’s never any question about whose interests come first.
Ready to instruct your own conveyancing solicitor?
Whether you’ve been asked to use your seller’s solicitor or you’re simply looking for independent advice, our Manchester team is ready to help. We’ll give you a clear, fixed-fee quote and a dedicated solicitor who acts for you and nobody else, with no conveyancing conflict of interest to worry about.
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