It’s a question many people ask when buying or selling a home: Can a solicitor act for both buyer and seller? Surely, it would be quicker and simpler if one solicitor acted for both sides.
On the face of it, that idea makes sense. Fewer emails. Fewer delays. One point of contact. But in practice, the rules governing solicitors in England and Wales are very clear—and they exist to protect you. Here, I explain what the law says, why it matters, and what it means for your transaction.
Why this question comes up so often
From a client’s perspective, using a single solicitor for both buyer and seller seems efficient. It could, in theory:
- remove duplication in reviewing documents
- reduce back-and-forth between firms
- speed up communication
In a process often criticised for delays, that sounds appealing. But conveyancing isn’t just administrative—it’s fundamentally about protecting competing legal interests.
The core issue: conflict of interest
At the heart of this question is the concept of conflict of interest.
A solicitor’s duty is to act in their client’s best interests. In a property transaction:
- the buyer wants the lowest price, full disclosure, and strong contractual protection
- the seller wants the highest price, minimal liability, and certainty of completion
These interests are not aligned. Even where both parties are cooperative, the potential for conflict is always present.
The SRA rules on acting for both parties
Solicitors in England and Wales are regulated by the Solicitors Regulation Authority (SRA). The relevant rules are set out in the SRA Code of Conduct.
In limited situations, a solicitor can act for two clients where there is a “substantially common interest.” However, this exception is narrow and carefully applied.
Why conveyancing does not qualify as a “substantially common interest”
Guidance from the Law Society makes the position clear: residential property transactions do not fall within the “substantially common interest” exception. Their reasoning is straightforward:
- yes, both parties want the transaction to complete
- but their legal and financial interests differ in fundamental ways
For example:
- If a survey reveals defects, the buyer may want to renegotiate
- The seller may resist any price reduction
- If title issues arise, the buyer may demand remedies the seller disputes
A single solicitor cannot fairly advise both sides in these situations.
You can read the Law Society’s guidance on conflicts of interest.
The practical reality: separate solicitors are required
As a result of the regulatory framework and professional guidance:
A solicitor should not act for both the buyer and seller in the same residential property transaction in England and Wales.
Most firms have clear internal policies prohibiting it altogether, even where both parties are long-standing clients. This is not about inefficiency—it is about protecting each party’s legal position and avoiding serious professional risk.
What about licensed conveyancers or exceptions?
The same principles apply broadly across the sector, including to licensed conveyancers regulated by the Council for Licensed Conveyancers (CLC).
In practice, dual representation in a standard sale and purchase is not permitted, regardless of the type of lawyer involved.
Does having two solicitors slow things down?
Not necessarily. While having two firms introduces communication between parties, modern conveyancing processes—email, digital portals, and standardised documentation—mean that:
- most delays are caused by searches, mortgage approvals, or chains, not solicitor duplication
- independent representation can actually resolve issues more efficiently, because each party receives clear, focused advice
Why this rule ultimately benefits you
Although it may feel counterintuitive, separate solicitors provide important safeguards:
- independent advice tailored to your interests
- confidentiality of your position and strategy
- protection in negotiations
- reduced risk of errors or disputes
In short, it ensures that someone is fully in your corner.
Can a solicitor act for both buyer and seller? Key takeaway
While the idea of one solicitor acting for both buyer and seller might seem efficient, it is not permitted in practice for residential conveyancing in England and Wales.
The rule exists for a good reason: to ensure that each party receives independent, conflict-free legal advice in what is often one of the most significant financial transactions of their life.
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.
