Using the same solicitor for both sides of a house sale sounds, at first, like a sensible way to make conveyancing quicker.
There would be one firm rather than two, fewer emails passing backwards and forwards and, perhaps, one less opportunity for somebody to say that they are “waiting for the other side”. When you are already frustrated by the pace of a move, the attraction is easy to understand.
I have been through enough house moves to know how tempting any promised shortcut can sound. But conveyancing is not simply an administrative exercise in moving documents and money. The buyer and seller are entering into a contract with each other, and their interests can pull in different directions without either behaving unreasonably.
Quick answer: A solicitor or SRA-regulated firm may technically be able to act for both buyer and seller in limited circumstances, but it will usually be inappropriate in an ordinary residential sale because there is a conflict of interest or a significant risk of one. Many solicitors therefore refuse to act for both sides as a matter of firm policy. CLC-regulated conveyancing practices operate under different rules and may act for both sides if strict consent, separation and supervision requirements are met.
Separate conveyancers remain the normal arrangement and generally provide the clearest protection for both buyer and seller.
This guide covers residential conveyancing in England and Wales. Different professional and property-law rules apply elsewhere in the UK.
Contents
- Can a solicitor act for both buyer and seller?
- Why is there a potential conflict of interest?
- What do the SRA rules say?
- Can different solicitors in the same firm act?
- What are the rules for licensed conveyancers?
- When might acting for both sides be possible?
- What if the buyer and seller are related?
- Can one solicitor deal with my sale and purchase?
- Can a solicitor act for the buyer and mortgage lender?
- What happens if a conflict arises?
- Is using the same firm quicker or cheaper?
- What should you do if the same firm is offered?
- Frequently asked questions
Can a solicitor act for both buyer and seller?
There is no universal rule stating that a solicitor can never act for both the buyer and seller of a property.
The more accurate answer is that an SRA-regulated solicitor must not act where the duties owed to the two clients conflict, or where there is a significant risk that they will conflict, unless a permitted exception applies and the additional regulatory conditions are satisfied.
In an ordinary residential sale, the risk of conflict is usually substantial. The buyer and seller may agree that they both want the transaction to complete, but that does not mean their interests are the same.
As a result, most residential transactions are handled by two separate conveyancing firms. Some solicitors will not consider acting for both sides under any circumstances because the regulatory, confidentiality and professional-negligence risks outweigh any possible convenience.
That is a firm-policy decision rather than proof of an absolute legal prohibition.
A licensed conveyancer regulated by the Council for Licensed Conveyancers operates under a somewhat different framework. A CLC-regulated practice may act for both sides if its detailed requirements on consent, independent representation within the practice and ethical separation are met.
Why is there a potential conflict of interest?
A conflict of interest arises where a lawyer’s duty to act in the best interests of one client is inconsistent with the duty owed to another.
The buyer wants to acquire a legally satisfactory property at the agreed price—or possibly a lower price if a problem emerges. The seller wants to receive the agreed price, avoid continuing liability and complete the sale on acceptable terms.
Those interests may coexist perfectly well while the transaction is straightforward. The difficulty appears when something changes.
A survey may identify serious repairs and the buyer may want a price reduction. The seller may refuse. A title problem may require insurance or a deed, and the parties may disagree about who should arrange and pay for it. The buyer may want a later completion date while the seller urgently needs to move. A dispute may arise over a fixture, deposit or inaccurate answer in the property information form.
At that point, the buyer needs someone to argue for the buyer’s position and the seller needs someone to protect the seller’s position. One individual cannot negotiate firmly against themselves.
The problem is not limited to open disagreement. A solicitor also owes each client duties of confidentiality and disclosure.
Suppose the seller tells the solicitor privately that they would accept £10,000 less rather than lose the sale. That information could plainly benefit the buyer, but it is confidential to the seller. Alternatively, the buyer may disclose a financial difficulty that places completion at risk but ask the solicitor not to tell the seller.
A solicitor acting for both can then become trapped between the duty to keep one client’s information confidential and the duty to tell the other client information that is material to their transaction.
This is why the issue must be considered at the outset rather than waiting for an actual argument to develop.
What do the SRA rules say?
Solicitors and law firms in England and Wales are regulated by the Solicitors Regulation Authority.
Paragraph 6.2 of the SRA Codes of Conduct says that a solicitor or firm must not act where there is a conflict of interest, or a significant risk of one, unless one of two specified exceptions applies.
The potentially relevant exception is where the clients have a “substantially common interest”. The SRA describes this as a clear common purpose accompanied by a strong consensus about how that purpose is to be achieved.
Merely wanting a sale to complete does not automatically establish a substantially common interest. A buyer and seller remain contracting parties with potentially opposing financial and legal interests.
However, the SRA guidance does not say that every transaction involving one client selling an asset to another is automatically prohibited. It recognises that, exceptionally, the clients may already have agreed all relevant terms, may be willing for all relevant information to be shared and may present no significant risk of substantive negotiation.
You can read the official SRA guidance on conflicts of interest and the current SRA Code of Conduct for solicitors.
The SRA rules: Why consent is not enough
The buyer and seller cannot simply sign a form saying that they are happy to use the same solicitor and thereby remove the difficulty.
Before relying on an exception, the solicitor must be satisfied that it is genuinely applicable and that acting for both clients remains in each client’s best interests.
All clients must give informed consent, given or recorded in writing. That means understanding the conflict risk, the limits on the service and the possible consequences if the arrangement fails.
Appropriate safeguards must also protect confidential information, and the solicitor or firm must be satisfied that it is reasonable to act for everyone involved.
The clients’ knowledge and bargaining power, any vulnerability, the likelihood of negotiation and the benefits and risks of joint representation must all be considered.
A client’s willingness to proceed does not permit a solicitor to overlook a significant conflict or provide a service that is materially less protective than the client requires.
Can different solicitors in the same firm act?
Using two different solicitors employed by the same SRA-regulated firm does not automatically solve the problem.
The conflict rules apply to the firm as well as to the individual solicitors. The firm must therefore decide whether it can properly accept both clients at all.
Where confidential information needs protection, simply allocating the files to different desks or different branches may not be sufficient. The SRA refers to established structural separation that prevents information passing from one legal team to the other.
This may involve separate fee earners, restricted electronic files, independent supervision and effective information barriers. The arrangements must work in practice, not merely appear in a written policy.
The firm must also obtain informed consent and remain satisfied that acting for both sides is reasonable and in both clients’ interests.
Many firms conclude that these conditions cannot safely or economically be met in routine residential conveyancing and therefore prohibit acting for both buyer and seller.
It is consequently incorrect to assume that two branches of the same firm are equivalent to two independent firms. They may be able to act, but only if the applicable rules and the circumstances permit it.
What are the rules for licensed conveyancers?
Licensed conveyancers are specialist property lawyers regulated by the Council for Licensed Conveyancers rather than the SRA.
The CLC expressly permits a regulated practice to act for both sides of a transaction where no conflict is identified at the outset and its safeguards are satisfied.
Both clients must give informed written consent. The practice must operate effective “ethical walls” so that each client receives a service resembling representation by a separate organisation.
Different authorised people must act for or supervise the two clients, and neither should supervise the other. Access to files and confidential information must be appropriately separated.
A sole practitioner cannot comply with those separation requirements and therefore cannot act for both sides.
If an actual conflict develops, the practice cannot continue merely because the clients originally consented. It must reconsider whether it can act for either or both of them.
The requirements are explained in the CLC’s acting on both sides guidance.
This distinction between SRA and CLC regulation is important. The answer to “Can the same conveyancing firm act?” may partly depend on which regulator governs the firm.
When might acting for both sides be possible?
For an SRA-regulated firm, the circumstances would need to be unusually straightforward and carefully assessed.
The parties might have agreed all substantive terms before approaching the firm, have comparable knowledge and bargaining strength and accept that relevant information will be shared. There may be no mortgage, no anticipated negotiation and no unusual title or property issue.
An auction transaction with a settled contract may sometimes appear less likely to involve negotiations, although the firm must still carry out the full regulatory assessment. The existence of fixed auction terms does not remove every possible conflict.
A simple transfer between parties who have already received independent advice may also present a different risk profile from an open-market sale.
Even in these situations, the firm is not obliged to act for both. Its professional indemnity insurer, internal procedures or lender-panel obligations may prevent it.
For a CLC-regulated practice, acting for both sides is more clearly contemplated by its regulatory framework, but only with informed consent, different authorised people or supervised teams and effective ethical separation.
The key point is that “possible” does not mean routine, automatic or necessarily advisable.
What if the buyer and seller are related?
A sale between relatives is not automatically free from conflict.
Family members may trust one another and agree on the price, but further issues can arise where the property is being sold below market value, gifted in whole or in part or transferred because of financial pressure, divorce, inheritance or care planning.
One party may be more experienced or financially powerful. There may be questions about undue influence, mental capacity, tax, entitlement to benefits, mortgage conditions or the rights of other family members.
A parent selling to an adult child may genuinely want to help them, but the parent still needs to understand the financial effect of the transaction. The child’s lender may also require confirmation that the discount is an unconditional gift and not a concealed loan or retained interest.
Separate advice can be especially important where an elderly or vulnerable owner is transferring a valuable asset at less than market value.
Being related may make the transaction more cooperative. It does not remove the solicitor’s regulatory duties or guarantee that the parties’ legal interests are identical.
Can one solicitor deal with my sale and purchase?
Yes. This is different from acting for the buyer and seller of the same property.
If you are selling your existing home and buying another, the same solicitor or conveyancer can ordinarily deal with both transactions for you. You are the client in each matter, and your interests in the sale and onward purchase are generally aligned.
Using one firm also allows the sale proceeds to be applied directly towards the purchase and helps the conveyancer coordinate exchange and completion through the property chain.
The firm will still carry out separate legal work on each property. There are two contracts, two titles and two sets of completion arrangements, which is why the fee is not the same as handling one transaction.
My guides to the residential conveyancing process and conveyancing fees explain how the connected transactions are managed.
Can a solicitor act for the buyer and mortgage lender?
Yes. A buyer’s conveyancer commonly acts for both the buyer and the mortgage lender.
This is another form of joint representation, but the buyer and lender usually have a substantially common interest in ensuring that the buyer receives a good and marketable title and that the property provides adequate security for the mortgage.
The arrangement can still create difficulties. If the conveyancer discovers a title defect, undisclosed incentive, gifted deposit or other matter that must be reported to the lender, the buyer cannot normally insist that it remains confidential.
If the buyer refuses to allow a required disclosure, the conveyancer may have to stop acting.
The lender may also insist that the conveyancing firm belongs to its approved panel. My guide explaining what a conveyancing solicitor does covers the conveyancer’s responsibilities to buyers and mortgage lenders in more detail.
What happens if a conflict arises?
A conflict can develop even where the arrangement appeared acceptable at the beginning.
The survey may reveal an expensive problem. The buyer may seek a reduction. The seller may disclose something they do not want passed on. A disagreement may arise about completion, fixtures or the cost of resolving a title defect.
The firm must then consider whether it can continue acting consistently with its duties to both clients.
It may have to stop acting for one client or, in some circumstances, for both. The precise response will depend on the conflict, confidentiality obligations and whether either client can continue without being disadvantaged.
A new conveyancer may need time to complete identity checks, review the papers and repeat parts of the legal work. This can cause delay and additional cost at a sensitive stage of the transaction.
There is also a risk that one client believes the firm has favoured the other, even if the lawyers have tried to remain scrupulously neutral.
This is one reason many firms prefer to avoid the position from the start. Preventing a foreseeable conflict is considerably easier than trying to disentangle two retainers shortly before exchange.
Is using the same firm quicker or cheaper?
It may appear that one firm should communicate more quickly than two. In some carefully managed transactions that may be an advantage.
However, the firm still needs different people to investigate the title, raise and answer enquiries, advise each client and protect confidential information. Proper separation can remove much of the apparent administrative saving.
The arrangement also cannot eliminate the main external causes of conveyancing delay. Searches must still be obtained, the buyer’s mortgage must be approved, leasehold information may be required and every linked transaction in the chain must become ready.
My guide to conveyancing searches explains why some of those investigations take time.
There may be a fee saving, but it should not be assumed. Maintaining separate teams and information barriers creates work and cost for the firm.
Any saving must also be weighed against the possibility that a later conflict will force one or both clients to appoint new conveyancers.
I would be wary of choosing joint representation solely because it is presented as faster. An arrangement is only efficient while the transaction remains straightforward.
What should you do if the same firm is offered?
First, establish whether the firm is regulated by the SRA or the CLC. The regulatory approach is not identical.
Ask whether the same individual will be involved on both sides or whether separate teams will act. Find out how the firm protects confidential information and what will happen if a disagreement develops.
The firm should explain the risks clearly and obtain any required informed written consent. A general sentence hidden in lengthy terms of business should not replace a proper explanation of the arrangement.
Consider whether there is any realistic possibility of negotiation about price, repairs, title defects, completion dates or contractual terms. If there is, independent firms are likely to be the safer choice.
You remain free to instruct another conveyancer. The fact that an estate agent, developer or mortgage broker recommends a firm does not oblige you to use it.
If you feel uncomfortable about sharing a firm with the other party, say so at the outset. Buying or selling a home is too important to proceed with representation in which you lack confidence.
Frequently asked questions
Can the same individual solicitor act for buyer and seller?
It is generally inappropriate in an ordinary residential transaction because the same individual cannot realistically maintain independent positions or protect conflicting confidential information.
The SRA rules are fact-specific rather than an absolute statutory ban, but the circumstances in which one individual could safely represent both sides would be very limited.
CLC rules require different authorised people, or separate appropriately supervised teams, and do not permit a sole practitioner to act for both sides.
Can two solicitors at different branches of the same firm act?
Possibly, but using different branches is not enough by itself.
An SRA-regulated firm must consider the conflict rules, obtain informed consent where required and operate effective structural safeguards where confidential information needs protection.
A CLC-regulated practice must comply with its ethical-wall and separate-representation requirements.
Can buyer and seller waive the conflict?
They can give informed consent, but consent alone does not make an impermissible arrangement acceptable.
The regulator’s conditions must still be met, and the firm must remain satisfied that it can act properly and in each client’s best interests.
Does a cash purchase make joint representation easier?
The absence of a mortgage removes the lender from the transaction, but it does not remove the potential conflict between buyer and seller.
Price, survey findings, title problems, contractual terms and completion arrangements may still require independent advice or negotiation.
Can one solicitor act in a private sale without an estate agent?
The absence of an estate agent makes no difference to the conflict rules.
A private sale may be straightforward, but the solicitor or conveyancing practice must still assess whether acting for both clients is permitted and appropriate.
Can the same solicitor act where the property is being gifted?
Sometimes, but a gift can raise significant questions about independent advice, undue influence, tax, insolvency, care costs, mortgage conditions and the donor’s understanding of the consequences.
Separate representation may be required or strongly advisable, particularly where the donor is elderly, vulnerable or retaining some right to occupy the property.
Can one solicitor deal with a transfer of equity?
One conveyancer may sometimes deal with a transfer of equity, particularly where the owners’ interests are aligned and the lender agrees.
However, an outgoing or incoming owner may require independent advice where money is changing hands, one party is being released from a mortgage or the transfer follows separation.
My transfer of equity guide explains the process and potential conflicts.
What if the firm has already accepted both clients?
Ask the firm to explain the regulatory basis on which it is acting, the safeguards in place and what will happen if a conflict develops.
If the arrangement does not satisfy the relevant rules, or an unmanageable conflict later emerges, the firm may need to stop acting for one or both clients.
Must the firm tell me that it acts for the other side?
Yes. Joint representation should not be concealed. Where informed written consent is required, the firm must explain the position sufficiently for each client to understand the risks and agree to the arrangement.
Will separate solicitors prevent every conflict?
No. Buyers and sellers can still disagree, and transactions can still be delayed or collapse.
Separate representation means that each party has a lawyer whose loyalty, advice and confidentiality duties are directed towards that party alone.
Independent advice is part of the protection
The idea of using one solicitor for both buyer and seller is attractive because conveyancing can feel unnecessarily fragmented. When everybody wants the same moving date, it is easy to wonder why separate lawyers are needed at all.
The answer usually becomes clearer when an unexpected problem appears. A poor survey, missing right of way, inaccurate property form or last-minute request to change the price can turn a cooperative transaction into a negotiation very quickly.
Separate representation does not assume that either party is dishonest or difficult. It recognises that two reasonable people can want different outcomes and should each have someone able to advise them without divided loyalties.
Acting for both sides is not absolutely impossible under every regulatory framework. But in a standard residential sale, using independent conveyancers remains the normal and generally safer course.
Last legally reviewed: 1 August 2026
This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.
