Can a Buyer and Seller Use the Same Solicitor?

Selling your house is one of the biggest financial decisions you will make, and it can often come with its own challenges, especially when you want the process to be quick, simple and stress-free. Legal fees, timelines, and communication between multiple parties can all add pressure to what is already a complex decision, so it’s not uncommon for sellers to wonder whether using the same solicitor as the buyer could make the process quicker and more cost-effective.

If you’re looking to sell your house without unnecessary complications, understanding the legal process is important to ensure a smooth completion.

In this guide, we explore whether the buyer and seller can use the same solicitor, the risks involved and if it’s possible to sell your home without a solicitor.

Can the same solicitor represent both buyer and seller?

While it may seem appealing in theory, using the same solicitor to represent both parties largely varies case-by-case to ensure there is no conflict of interest. Technically yes, a buyer and seller can use the same solicitor, but it is rare and tightly regulated as, in a property sale, generally the buyer and seller have opposing interests (price, contract terms, defects, timelines, etc).
If one solicitor acted for both parties:

• They could not negotiate firmly for either side
• Confidential information could not be protected
• It would create a clear conflict of interest

Are there exemptions?

Some exceptions do exist, but they are very limited and handed with caution. Exceptions can include:

• Very small or low-risk transactions
• Related parties (e.g., transferring property between family members)
• Only if both parties give informed consent, and the solicitor is confident no conflict will arise

Even then, many solicitors still refuse because the risk of conflict is high.

Does using the same solicitor make conveyancing quicker?

In reality, using the same solicitor does not usually speed up the conveyancing process. While it may help to reduce some communication steps, the strict rules around conflicts of interest often slow matters down rather than simplify them.

As a solicitor acting for both parties must remain neutral, this ultimately restricts their ability to resolve issues quickly or provide clear guidance when problems arise. In the event a disagreement occurs, the solicitor may even need to stop acting altogether, forcing both buyer and seller to appoint new representation mid-transaction, causing unexpected delays, extra costs, and increased stress for everyone involved.

Risks of using the same solicitor

Despite the potential benefits, there are also some significant downsides to using the same solicitor:

• Conflict of interest: The biggest concern is that the solicitor could face a conflict of interest. They might find it difficult to be completely fair to both parties, especially if any disagreements arise.
• Limited Legal advice: The solicitor may not be able to give full, independent advice to either party because they need to stay neutral. This could mean that neither the buyer nor the seller gets the best possible advice for their situation.
• Regulatory restrictions: There are rules in place to prevent conflicts of interest, and in some cases, the solicitor simply isn’t allowed to represent both parties. This can be particularly true in more complex transactions.

What is a conflict of interest in a property transaction?

A conflict of interest arises when a solicitor’s duty to one client clashes with their duty to another.

In property transactions, conflicts can arise very easily, for example:

• The buyer wants to renegotiate the price after searches
• The seller wants to proceed quickly, but the buyer delays
• A title issue or boundary dispute is uncovered
• Responsibility for repairs or indemnity insurance is disputed

Even if both parties initially agree on everything, a conflict can arise at any stage. If that happens, the solicitor may be forced to stop acting for both parties, causing delays and extra costs.

Can you sell your home without a solicitor?

Though homeowners are not legally required to use a solicitor to sell a property, it’s rare for a sale to proceed without professional legal support.

However, if a house is mortgaged, a solicitor is effectively mandatory, as lenders will insist on a qualified professional to manage the repayment and release of the loan. Leasehold properties also tend to require legal involvement because of their complexity and third-party requirements.

For house sellers who want an alternative to a solicitor, licensed conveyancers are another option available in England and Wales. They are regulated specialists in property transactions and can sometimes offer slightly lower fees, although the savings are usually small. While conveyancers and solicitors operate under different regulatory frameworks, both provide professional expertise and legal protection that most sellers rely on to complete a house sale safely.

When considering handling a property sale without any legal professional, it’s important to remember that this effectively places full responsibility on the seller. This means that the seller is responsible for preparing contracts, managing deposits, arranging completion, and transferring ownership without the safety net of professional indemnity insurance. Any mistakes made during the process could expose the seller to legal claims and significant financial risk, with the legal fees you end up paying higher than what you would have paid a solicitor to deal with your house sale in the first place.

Although selling without a solicitor may seem attractive from a cost-saving perspective, it often provides a false sense security. For most sellers, using a solicitor or licensed conveyancer offers far greater protection, reduces the risk of disputes or delays, and helps ensure the transaction completes with minimal stress.

Sell your home hassle-free

Want to sell your house fast without the stress of additional legal hassle or lengthy delays? Don’t put yourself at risk of mistakes or a conflict of interest.

When selling your property to a professional cash buyer, the legal process is often more streamlined, and we encourage sellers to obtain independent legal advice to ensure transparency and compliance.

• The buyer and seller still use separate solicitors
• There is no mortgage lender involved
• Timescales are faster and more predictable

Contact us today to find out how we can help you sell your property fast and hassle-free.