In property transactions, one of the most important professional obligations is the duty to avoid conflicts of interest. Clients often ask why a single solicitor cannot act for both the buyer and the seller in the same transaction. The reason is simple: the buyer wants the lowest price and the most favourable terms, while the seller aims for the highest price, minimal delay, and the fewest liabilities. Because their interests are inherently opposed, a conveyancer will usually be unable to act for both parties in the same property transaction.
A conflict of interest arises when a solicitor cannot act in the best interests of one client without adversely affecting the interests of the other. In conveyancing, this can happen very easily, because the parties are effectively negotiating against each other, even when both are motivated to complete the transaction smoothly.
The Law Society guidance highlights the high risk of conflict when acting for both buyer and seller, and the usual “substantially common interest” exception does not apply to a typical property purchase. While both parties share the overall aim of completing the transaction, their legal interests remain opposed. Some firms may be able to act for both parties in very limited circumstances, but only if strict regulatory conditions are met, including the absence of any conflict, proper safeguards, and informed written consent. In standard residential conveyancing, this is uncommon.
The differing positions of buyers and sellers
Even where both parties are amicable and cooperative, their legal positions remain distinct. A seller may wish to keep replies to enquiries brief and avoid giving warranties, while a buyer will require full disclosure and strong legal safeguards before proceeding. For this reason, the issue is not confined to actual disputes; a potential conflict is sufficient. If there is a realistic possibility that a solicitor may need to prioritise one client’s interests over the other’s, they should not act for both.
Confidentiality is another key concern. Clients often share sensitive information with their solicitor, such as financial limits, urgency to complete, or negotiating flexibility. A solicitor acting for both parties would face an impossible situation – unable to disclose this information to the other side, yet inevitably influenced by it. These risks undermine trust and fairness, and could expose the firm to complaints or legal claims.
Using separate solicitors does not make the transaction adversarial; it simply ensures that each party has independent legal representation. The buyer can receive clear, impartial advice on risks, searches, and contract terms, while the seller is advised independently on how best to protect their own interests.
Final thoughts
In summary, the prohibition on acting for both buyer and seller is designed to protect both parties, ensure a fair transaction, and uphold professional standards. In most everyday property sales, each party should have their own conveyancer.
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