When buying or selling a home, one of the first steps is instructing a conveyancer to manage the legal side of the transaction. In some situations, people wonder whether both the buyer and seller can use the same conveyancer to save time and money. While this might seem like a practical solution, it’s generally not allowed – and for good reason.

Here’s what you need to know about the rules, exceptions, and potential risks of trying to use the same solicitor for both parties in a property transaction.

Can the Buyer and Seller Use the Same Conveyancer?

In most standard property sales and purchases, you cannot use the same conveyancer or solicitor for both the buyer and the seller. This is due to a legal principle known as a conflict of interest.

“A conveyancer has a duty to act in their client’s best interests, and in a transaction where each party has competing interests – such as negotiating price, resolving issues on the property, or handling disputes – this duty can’t be fulfilled for both sides at once”, confirm SAM Conveyancing, London conveyancing solicitors.

According to the Solicitors Regulation Authority (SRA) and Law Society guidance, acting for both parties in a house sale is considered a conflict unless very specific conditions are met.

Are There Any Exceptions?

Yes, there are limited circumstances where a solicitor or conveyancer may act for both parties. These include:

Transfer of equity between family members or partners (e.g. adding or removing someone from the title deeds)
No conflict of interest, such as in amicable sales between family members where terms are already agreed
Unrepresented buyer: In rare cases, a conveyancer may act for the seller if the buyer agrees not to have their own representation – though this carries significant risks for the buyer

Even in these cases, strict rules apply. Both parties must give informed written consent, and the conveyancer must be confident that no actual or potential conflict exists.

For example, in a transfer of equity due to divorce or separation, each party is usually advised to have separate solicitors to ensure independent legal advice.

Why Separate Representation Is the Norm

There are several important reasons why using separate solicitors is the safest and most common approach: Independent legal advice: You need a solicitor who is solely focused on your best interests and can advise you freely without restrictions.

Full protection: If problems arise, your solicitor can negotiate on your behalf and take action without concern for the other party. Avoiding delays: If a conflict emerges midway through the transaction, the shared solicitor may have to withdraw, causing delays and extra costs.

Is It Ever Worth Considering Shared Representation?

Shared representation is only worth considering in straightforward, low-risk scenarios – such as a transfer of equity between amicable family members – and only if the solicitor agrees there’s no conflict.

Even then, you should proceed with caution. It’s important to understand that:

The conveyancer must remain neutral
You will not receive independent legal advice
You may be asked to sign a waiver or disclaimer confirming that you understand the risks

Final Notes

While the idea of using one conveyancer for both parties may seem convenient, in most property transactions, it’s not permitted due to the inherent conflict of interest. Independent legal representation remains the safest option to protect your rights and ensure a smooth process.

If you're unsure whether your situation qualifies for shared representation, speak to a conveyancing solicitor early on. They can advise whether it's possible – and more importantly – whether it's wise.

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