Can a solicitor act for both vendor and purchaser?
Asked by: Cristian Wintheiser DDS | Last update: January 31, 2026Score: 4.1/5 (33 votes)
A solicitor generally cannot act for both a vendor (seller) and purchaser in a property sale due to significant conflicts of interest, as their duties to each party are inherently different, though some jurisdictions allow it in very limited, simple cases with full written consent and safeguards like information barriers, but it's highly discouraged and risky. Regulatory bodies emphasize that a solicitor must prioritize each client's best interests, making dual representation problematic when issues arise, leading most lawyers to cease acting for both if a conflict emerges.
Can seller and buyer use the same solicitor?
Yes, you can use the same firm of conveyancers if you're buying and selling at the same time. As you'll be the sole party for them, there isn't a conflict of interest. Using the same solicitor for a sale and purchase helps to keep things in the same place.
Can a solicitor act for a vendor and purchaser?
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.
Can you act for both buyer and seller?
Acting for a buyer and a seller
There is a high risk of a conflict of interest if you act for both a buyer and a seller. You'll need to decide whether there is a conflict in the circumstances.
Can a solicitor act for two parties?
In conveyancing, a single solicitor can represent multiple parties only if all consent and no conflict exists. The solicitor must assess potential conflicts, disclose any risks, and obtain written consent from each party. This ensures transparency and protects client interests.
Buying and Selling a House - What the Solicitor Does
Can a solicitor act for both lender and borrower?
A solicitor acts for both parties to a transaction, for example a Borrower and a Lender. The SRA rules are very clear on the matter and the type of transactions where dual representation can work are quite rigid.
What is the rule 37 of the solicitors conduct rules?
Rule 37 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 states: '[a] solicitor with designated responsibility for a matter must exercise reasonable supervision over solicitors and all other employees engaged in the provision of the legal services for that matter. '
What is Section 69 of the solicitors Act?
69 Action to recover solicitor's costs.
the High Court may, notwithstanding that one month has not expired from the delivery of the bill, order that the solicitor be at liberty to commence an action to recover his costs and may order that those costs be [F1assessed].
What is dual representation?
Dual representation is defined as the ability to mentally represent both a concrete symbolic object and its abstract relation to what it symbolizes, which poses a challenge for young children who struggle to consider both aspects simultaneously.
What are the risks of simultaneous exchange and completion?
Other disadvantages of simultaneous exchange and completion include: one party decides to pull out on completion day; or. the seller suddenly and unexpectedly demands more money for the property. A seller holding a buyer to ransom is very rare, but it does happen!
What happens if one person doesn't want to sell?
If one person in a joint property doesn't want to sell, the parties must negotiate a buyout or face a potential court-ordered "partition action," which forces a sale or division, often leading to a forced sale managed by a court-appointed referee, but this process is costly, time-consuming, and requires legal intervention like a partition lawsuit to resolve the deadlock and divide proceeds fairly.
Can two people use the same conveyancer?
It's crucial for both the buyer and seller to receive independent legal advice. When you use the same conveyancer as the seller, a solicitor representing both parties might not be able to provide completely unbiased advice, as what benefits one party may not necessarily benefit the other.
Can you speak directly to the seller?
While the golden rule is to communicate through conveyancers, there are rare exceptions. If a genuinely non-legal, neighbourly interaction arises (borrowing a tool, discussing shared access), a brief, polite exchange might be acceptable.
Who is cheaper, solicitor or conveyancer?
Conveyancers can be less expensive than qualified lawyers, making them an excellent choice for straightforward property transactions.
Is it better to use a conveyancer or solicitor?
Licensed conveyancers specialise in property law but can't handle complex legal issues. A solicitor is trained in all areas of law and must be a member of The Law Society UK. This means they usually cost more than a conveyancer as they can offer other legal services if things go wrong.
Does the seller lose money if the buyer pulls out?
A buyer can pull out of a house sale after contracts have been exchanged, but there are legal and financial consequences to this. If a buyer pulls out of a house sale after contracts have been exchanged, they will forfeit their deposit and may be liable for other costs incurred by the seller.
What is dual representation solicitor?
Separate representation – where the borrower's solicitor acts for them and only them and the lender also has their own solicitor working on their behalf. • Dual representation – where there is just one solicitor working for both the borrower and the lender.
Is it better to use the same solicitor for buying and selling?
The process of buying or selling a home can be complex and bureaucratic – so you can benefit from using the same conveyancer to act for buyer and seller. You can use the same solicitor to: Reduce the number of parties involved and avoid unnecessary communications between conveyancers.
What is the 2 representation theory?
2-representation theory is a very modern version of representation theory. Categorification and positivity are of importance in cluster theory. My interest in semigroup theory (cells) has overlap with ring and ideal theory.
Can a solicitor refuse to act for a client?
A solicitor may decline to act if current workloads or absences would prevent them from providing an acceptable standard of service. Taking on instructions to act for a client in the knowledge they do not have the resources or time to provide a good service, would not be in the client's best interest.
What is Section 57 of the Solicitors Act 1974?
57 Non–contentious business agreements.
(1)Whether or not any order is in force under section 56, a solicitor and his client may, before or after or in the course of the transaction of any non–contentious business by the solicitor, make an agreement as to his remuneration in respect of that business.
What is Section 56 1 of the Solicitors Amendment Act 1994?
Prohibition on practising as solicitor without practising certificate. 56. —(1) No solicitor shall practise as a solicitor unless a practising certificate in respect of him is in force.
What is the B word for lawyer?
The "B word" for a lawyer, especially in the UK and Commonwealth countries, is Barrister, which refers to a specialist lawyer who argues cases in higher courts, distinct from a solicitor, though other terms like Attorney, Counsel, or even the pejorative "ambulance chaser" can be used, while "Esquire" (Esq.) is a title for any licensed lawyer in the U.S.
What is Section 12 of the solicitors Act?
12. Discretion of Society with respect to issue of practising certificates in special cases. 12A. Additional fee payable by certain solicitors on applying for practising certificates.
What's higher than a solicitor?
However, barristers can work at much higher levels of court than solicitors. The training you need to undertake depends on which career you wish to pursue, though both roles will require you to have completed an undergraduate degree.