Conveyancing

Can Buyer and Seller Use the Same Solicitor?

A clear, scenario-based guide to when buyer and seller can share a solicitor, what the SRA rules actually allow, and when separate representation is the safer choice.

  • Clear guidance on same individual vs same firm scenarios
  • SRA Code of Conduct rules explained in plain English
  • Real cost comparison: one solicitor vs two (£500 to £1,000 saving)

Can buyer and seller use the same solicitor?

Sometimes, but with important conditions attached. Property transactions in England and Wales usually involve two separate solicitors so each party gets independent legal advice. Under the Solicitors Regulation Authority Code of Conduct, one individual solicitor cannot advise both a buyer and a seller in the same negotiation because that creates an unmanageable conflict of interest.

The same firm can act for both parties using two different solicitors, but only where no client conflict is identified, both parties give informed written consent, and information barriers are in place. Many mortgage lenders refuse this arrangement outright and insist on independent representation, which rules it out for most mortgaged purchases. Using one solicitor for your own simultaneous sale and purchase is completely different and is standard practice, since you are the client on both sides. Conveyancing fees typically run £700 to £1,500 per side.

Sources: MoneyHelper.org.uk, Solicitors Regulation Authority, Law Society

The Short Answer: It Depends on Your Situation

The short answer is sometimes, but with important conditions attached. Property transactions in England and Wales usually involve two separate solicitors, one for the buyer and one for the seller, because the whole point of independent legal advice is protecting each party's individual interests. Yet in certain situations, using the same solicitor or the same firm for both sides of a sale is allowed, and can even save money and speed things up.

Before deciding whether shared representation is right for your transaction, it helps to separate two very different questions that get conflated online. The first is whether one individual solicitor can advise both the buyer and the seller on the same deal. The second is whether the same firm can act for both parties, using two different solicitors working under one roof. These carry very different risk profiles, and this guide explains both clearly so you can make the right call for your situation.

Three scenarios compared

  • Same individual solicitor for both sides: almost never permitted. A single solicitor cannot advise two parties with opposing interests in the same negotiation, as this creates an unmanageable conflict of interest under professional conduct rules.
  • Same firm, different solicitors for each side: possible, but only under strict conditions including informed consent from both parties, information barriers between the two solicitors, and no identified conflict of interest.
  • Same solicitor for your own simultaneous buy and sell: completely normal and standard practice. If you are selling one property and buying another at the same time, using one firm to handle both transactions is common, efficient, and carries no conflict of interest because you are the client on both sides.

What the Rules Say (SRA Code of Conduct)

The Solicitors Regulation Authority sets the professional conduct rules that govern whether a solicitor or firm can act for both the buyer and seller in a property transaction. The relevant provisions sit within the SRA Code of Conduct for Solicitors, specifically paragraphs 6.1 and 6.2, which deal with conflicts of interest.

In plain English, paragraph 6.1 addresses what is known as a client conflict: a situation where a firm acts for two or more clients whose interests conflict, or are likely to conflict, on a particular matter. In a typical house sale, the buyer wants the lowest price and the most favourable terms, while the seller wants the opposite. That is a client conflict by definition, which is why the rule generally prevents one solicitor acting for both.

Paragraph 6.2 covers what is called an own-interest conflict, where the solicitor's or firm's own interests, such as fee income from handling both sides, might compromise their duty to act in each client's best interests.

A firm must decline to act for both parties where a client conflict exists and cannot be managed, which is the default position in most open-market sales. However, a firm may accept instructions from both parties in narrower circumstances, typically where the parties are not negotiating against each other, where informed written consent is obtained from both sides, and where effective safeguards separate the two solicitors handling the file.

When Can the Same Firm Act for Both Parties?

Once a firm has established that no client conflict exists, or that any conflict can be properly managed, it may agree to act for both the buyer and the seller using two different solicitors within the same office. This is different from one individual acting for both sides, and it comes with a specific set of conditions that must all be satisfied before the firm can proceed.

Conditions that must be met

  • No client conflict identified: the firm must be satisfied at the outset that the parties are not in genuine opposition, typically because price and terms are already agreed.
  • Informed written consent: both the buyer and the seller must confirm in writing that they understand and accept the firm is acting for both sides.
  • Separate solicitors within the firm: one named solicitor handles the buyer's file and a different named solicitor handles the seller's file, rather than one person managing both.
  • Information barriers (Chinese walls): the two solicitors must keep client information confidential from each other, which in a small firm can mean physically separate offices or, at minimum, strict internal protocols preventing informal file sharing.
  • Ongoing conflict checks: the firm must keep monitoring the transaction, because a conflict that did not exist at the start can emerge later, for example if a survey uncovers a defect and the parties start negotiating a price reduction.

Common scenarios where it works

  • Private sales between parties who already agree: where the price and terms are settled before solicitors are even instructed, there is little left to negotiate.
  • Family transfers: a sale from parent to child, or between spouses, where the transaction is really about completing paperwork rather than negotiating a deal.
  • Low-value transactions: where the cost of instructing two separate firms would be disproportionate to the value of the property or transaction.

If a genuine conflict emerges at any point, for example a dispute over completion date or a repair cost, the firm must stop acting for one party immediately. That party then needs to instruct a new solicitor, often at short notice and sometimes at extra cost. If this happens to you, our guide on changing your conveyancing solicitor explains how to switch without losing progress on your file.

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When Should You Use Separate Solicitors?

For the majority of property transactions, using separate solicitors for the buyer and the seller remains the safer and more common choice. Independent representation exists precisely because buyers and sellers want different outcomes, and a solicitor who only has to think about one client's interests can negotiate, advise, and flag problems more freely.

  • Open-market sales: the most common scenario by far. When a property is marketed and sold to an unrelated buyer, price negotiation, survey results, and completion timing are all genuinely contested points that need independent advice on each side.
  • Any transaction involving negotiation: if price, repairs, fixtures and fittings, or completion dates are still up for discussion, a shared solicitor cannot advise both sides without a conflict arising.
  • Unequal bargaining power: where one party is significantly more experienced or has more leverage, such as a cash buyer against a first-time seller, independent advice protects the weaker party from an unbalanced outcome.
  • Mortgage-funded purchases: most lenders require the buyer's solicitor to act independently of the seller, which rules out shared representation for the majority of purchases funded by a mortgage.
  • Complex property types: transactions involving leasehold conveyancing, new-build properties, or unregistered land carry extra legal complexity where each party benefits from a solicitor focused solely on their side of the deal, following the standard conveyancing process without competing loyalties.

Advantages and Disadvantages

Shared representation is sometimes pitched as a simple way to cut costs, and there is some truth to that, but the full picture is more nuanced than most conveyancing firms admit. Weighing the advantages honestly against the disadvantages is the only sensible way to decide whether it is worth the risk.

On the cost side, using one firm rather than two separate firms can genuinely save money. Where each side would otherwise pay a full set of conveyancing fees of roughly £700 to £1,500, a firm acting for both parties under one file may charge a combined fee that saves the parties somewhere between £500 and £1,000 in total, particularly in low-value or straightforward transactions. Communication can also be faster, since queries pass between two solicitors in the same building rather than by letter or email between separate firms, and paperwork such as identity checks and signing arrangements can sometimes be streamlined.

Against this, the disadvantages are more serious than the savings are attractive. Neither party receives fully independent advice, because both solicitors work for the same firm and ultimately the same fee-paying arrangement. If a conflict of interest emerges partway through the transaction, one party must instruct a new solicitor at short notice, which causes delay and extra cost that can easily wipe out any savings made at the start. Some mortgage lenders will refuse to accept the arrangement altogether, which can derail a purchase that is otherwise ready to proceed.

In practice, the advantages are modest and apply mainly to straightforward, low-conflict transactions, while the disadvantages can be severe if circumstances change. This is why shared representation should be considered only after checking that your situation genuinely fits one of the narrow scenarios where it is appropriate.

Advantages and Disadvantages of Using the Same Solicitor

Factor
What it means for you
Potential cost savings
£500 to £1,000 combined, compared with instructing two separate solicitors
Faster communication
Queries pass between solicitors in the same firm rather than between separate firms by letter or email
Streamlined paperwork
Identity checks and signing arrangements can sometimes be coordinated more easily under one file
Conflict of interest risk
Neither party receives fully independent advice once one firm represents both sides
Mid-transaction disruption
If a conflict emerges, one party must instruct a new solicitor at short notice, adding delay and cost
Mortgage lender restrictions
Many lenders will not accept shared representation, which can block a mortgage-funded purchase entirely

What About Mortgage Lenders?

If you are buying with a mortgage, your lender's requirements matter more than your own preference for shared representation. Many mortgage lenders insist that the solicitor acting for the buyer, and by extension the lender itself, is independent of the solicitor acting for the seller. This is because the lender needs its own interests protected, separate from both the buyer and the seller, and shared representation can make that harder to demonstrate.

In practice, this single requirement rules out shared solicitors for the majority of residential purchases, since most buyers use a mortgage rather than cash. Before agreeing to any shared representation arrangement, check your specific lender's conveyancing panel requirements, as policies vary between lenders and can change without much notice.

If your lender does not accept shared representation, or if you simply want the reassurance of independent advice, take time to choose the best conveyancing solicitor for your side of the transaction rather than defaulting to whichever firm the other party has already instructed.

Using the Same Solicitor for Your Own Buy and Sell

Everything discussed so far relates to one solicitor or firm acting for two different people, the buyer and the seller, in the same transaction. Using the same solicitor for your own simultaneous sale and purchase is an entirely different situation, and one that is completely normal.

If you are selling your current home and buying a new one at the same time, instructing one solicitor or firm to handle both sides of your personal chain is standard practice and creates no conflict of interest whatsoever, because you are the only client involved on both transactions. The advantages are genuine and significant: you get one point of contact for both matters, your solicitor can align exchange and completion dates across your sale and purchase so you move on the same day, and many firms offer a discount on combined fees when handling both sides of your move.

Taken together, the rules on shared representation are narrower than many sellers and buyers expect. Using the same individual solicitor for opposing parties is almost never appropriate, the same firm can act for both sides only in limited circumstances with strict safeguards in place, and using one solicitor for your own simultaneous buy and sell is normal and encouraged. If your situation falls outside the narrow scenarios where shared representation works, instructing separate, independent solicitors remains the safer route. Compare quotes from regulated conveyancing solicitors to find the right independent representation for your transaction.

In many straightforward cases, yes. Combining representation under one firm can save roughly £500 to £1,000 compared with each party instructing a separate solicitor, since the firm avoids duplicating work such as title checks and correspondence. However, the saving only holds up if the transaction proceeds smoothly. If a conflict of interest emerges partway through, one party must instruct a new solicitor, and the delay and extra fees involved can easily cancel out any money saved at the outset.

Yes, family transfers, such as a sale from parent to child or between spouses, are one of the most common scenarios where a firm will agree to act for both sides. This is because the price and terms are usually already agreed within the family, removing the client conflict that prevents shared representation in open-market sales. The firm will still require informed written consent from both parties and must use separate solicitors within the practice, with information barriers in place between them.

If a genuine conflict emerges mid-transaction, for example a dispute over a survey finding or a change to the agreed price, the firm must stop acting for at least one of the parties immediately under SRA rules. That party then needs to instruct a new solicitor, which can mean delays while the new firm gets up to speed and additional legal fees on top of what has already been paid. This is the single biggest practical risk of shared representation.

Many do not. Most mortgage lenders require the buyer's solicitor to act independently of the seller's solicitor, partly to protect the lender's own security over the property. This requirement alone rules out shared representation for the majority of purchases, since most buyers rely on a mortgage rather than cash. If you are considering shared representation, check your specific lender's conveyancing panel rules before agreeing, as requirements vary between lenders.

It is possible in principle, but leasehold transactions carry extra complexity that makes shared representation riskier. Lease terms, ground rent, service charges, and freeholder consents all need careful independent scrutiny, and disagreements over these details are common even in otherwise friendly sales. Because leasehold deals involve more moving parts and more potential for a client conflict to emerge, most firms and advisors recommend separate solicitors for leasehold purchases.

Sometimes, but not dramatically. When one firm handles both sides, correspondence between the two solicitors can move faster since they work in the same office and can speak informally rather than exchanging formal letters. However, the core stages of the transaction, searches, mortgage approval, and Land Registry processing, take the same amount of time regardless of who represents each party. Any time saved disappears entirely if a conflict forces one party to switch solicitors.

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This article was written by:

Lawrence Howlett
Lawrence Howlett

Founder of Money Saving Advisors

Lawrence Howlett brings a results-driven mindset to his writing, shaped by over a decade of experience across finance, legal, and energy sectors. As the founder of Moneysavingadvisors, he’s built a reputation for turning complex financial concepts into clear, actionable insights for consumers. His writing stands out for its clarity, structure, and focus on delivering value.

Reviewed by Nick McDonald