Can A Buyer and Seller Use the Same Solicitor?

Making the process for buying or selling property simple is something that anyone involved in the transaction must rate highly on their list of priorities. Fewer delays, smaller expenses and less paperwork would be a godsend. The thing is, it’s not quite as easy as hoped. One area where many would like to save some cash and some time is with the conveyancing. So, can buyers and sellers use the same solicitor to speed up the process? The simple answer is yes. However, this is only possible if there is no conflict of interest and strict criteria are met.

Can a solicitor act for both the buyer and seller?

They can. A solicitor is permitted to work for both the buyer and seller, but it’s not particularly common. This is because strict criteria must be met, and the likelihood of a conflict of interest arising is highly likely.

What do you mean by conflict of interest?

When you hire a solicitor, they are there to do a job with your best interests at heart. If the other party has the same solicitor, there will be a degree of conflicting interests, as what may be best for the buyer isn’t necessarily best for the seller and vice versa.

There is also the potential for an “own interest conflict”. This is where the interests of the solicitor clash with those of the buyers and sellers.

How does a solicitor determine whether there is a conflict of interest?

Before agreeing to work for the buyer and seller, the solicitor will consider a variety of things that could affect the sale. They will look at:

• The bargaining power of each party and the likelihood of it being used.
• Whether any party has any unique vulnerabilities.
• The length of the chain and each party’s position within it.

What criteria must the solicitor meet to be used by both buyer and seller?

If no conflict of interest is found, a solicitor is only able to act for both parties if they abide by strict criteria. These include:

• Both buyer and seller have given written consent for the same solicitor to be used.
• Both buyer and seller are made aware of any risks that may arise from using the same solicitor.
• The buyer and seller both have a substantial common interest, eg, the sale of the property.
• The buyer and the seller are represented by separate teams or fee earners within the solicitors' firm, and safeguards are in place to ensure that their confidential information is not protected.
• The solicitor is satisfied that working for both parties is reasonable and not disruptive to the process.

What are the advantages of using the same solicitor when buying and selling a house?

We all want the most stress-free and cost-effective process when buying or selling a home, and having just one solicitor working for both buyers and sellers could help make that happen. As long as the criteria are met, both parties may benefit from:

• A more streamlined process. With just one solicitor involved, the process may run much more smoothly as there will be fewer delays in waiting for responses from solicitors.
• Cost and time saving. With everything under one roof, there won’t be a need to get other parties involved, saving you both money and time.
• Easy negotiation process. Without multiple middlemen, negotiations should be much easier and conclude much faster.

What are the disadvantages of buyers and sellers using the same solicitors?

As with anything that has its pros, there are also cons to be aware of. Using the same solicitor can present a few issues for buyers and sellers, including:

• Conflict of interest. Even though it should be established that there is no conflict of interest, it is still possible that one may arise. This could be detrimental to either party. It is advisable to consult the Solicitors Regulation Authority website for detailed information regarding potential conflicts of interest.
• Unequal representation. With no conflicts of interest found and solicitors abiding by the criteria, there is still a risk that one party thinks they are being unfairly treated during the process. This could stall or even cancel the sale if there are genuine concerns of unequal representation.
• Inadequate legal advice. With a solicitor attempting to work in the best interests of both the buyer and seller, certain legal advice may be withheld as it could prove detrimental to one party and beneficial to the other.

Is it better to use different solicitors when buying and selling a house?

It can be. Whilst streamlining the process with just one solicitor firm to represent both parties can be advantageous, we’ve also seen how it can make things difficult. The conflict of interest is the biggest hurdle to overcome, and unfortunately, there will likely be a degree of conflict, no matter how small it is.

Pros of using different solicitors

• No conflict of interest at all.
• Bespoke legal advice.
• Unbiased representation.

Cons of using different solicitors

• Increased expense
• Potential delays
• Communication challenges

The selling and buying of property can be complex, lengthy and expensive. At Bettermove, we make things easy. We guarantee you’ll sell your home, and you won’t have to worry about solicitor fees as we cover your legal costs. So not only do you sell your house fast, you sell your house for free too, keeping every penny you make from the sale. Contact us today to get your sale started.