Can a conveyancing solicitor act for a buyer and a seller?

Conveyancing is the legal process by which the ownership of residential property is transferred from one individual to another.

Both the buyer and seller are represented by their own solicitor, their role it is to protect their client’s interests.

Can you use the same solicitor for conveyancing?

It may be permissible for the seller and buyer to use conveyancing solicitors from the same firm, as long as there is no conflict of interest and appropriate safeguarding requirements are met.

What is a conflict of interest in conveyancing?

A conflict of interest arises where a solicitor faces a situation where their separate duties to act in the interests of both parties conflict.

What specific requirements must be met?

• All clients must be advised of the potential risks and agree, in writing, they are happy to go ahead
• Appropriate safeguards must be in place, for example, different solicitors and offices acting for each client to ensure protection of each client’s confidential information
• The solicitor must be satisfied that it is reasonable in all the circumstances to act

More details on the rules relating to conflicts of interest are available here: Solicitors Regulation Authority’s code of conduct.

Can the situation change during the conveyancing process?

Should there be an unexpected development it may be inappropriate to continue using solicitors from the same firm. You should bear this in mind as it could complicate matters midway through a transaction.

What are the advantages of using the same firm of solicitors?

• The conveyancing process is simplified with the same organisation representing both parties
• Communication between the two solicitors should be more speedy

Both of the above points should result in the process going more smoothly and speedily than if different firms were involved – potentially reducing anxiety for both parties.

How can Wilson Browne help?

With expert conveyancing teams across Northamptonshire and Leicestershire, we are well placed to support you.

We have a wealth of expertise in all matters relating to conveyancing and pride ourselves on our comprehensive knowledge of the local market.

We have offices in Corby, Higham Ferrers, Kettering, Leicester, Northampton and Wellingborough and so can offer a friendly, face-to-face meeting at a convenient location.

To find out more about how we can help to take away the strain of your house move, please call 0800 088 6004 or complete our online contact form.