Can You Use The Same Solicitor to Buy and Sell?

Can You Use The Same Solicitor to Buy and Sell?

Can a Solicitor Act For Me in Both My Sale and My Purchase?

Yes, of course!

However, it is more complicated where two parties ask the same solicitor to act on their behalf, when one of those parties is the buyer and the other party is the seller of the same property.

What is a Conflict of Interest Situation?

It’s where a solicitor is acting for two parties who have conflicting interests.

When Would This Apply, And Maybe be a Problem, in a Property Sale or Purchase?

A good example of this would be where a solicitor is asked to act for the seller and the buyer of the same property.

One of these parties wants to get the lowest price and the other wants to get the highest price.

In cases like this, Law Society of Scotland Rules prevent a solicitor from acting for parties on opposite sides of the transaction. However, there are exceptions and, in some circumstances, the solicitor may be able to act for both parties. This might apply where the solicitor makes the parties aware of the potential conflict of interest, the parties explicitly provide consent for the solicitor to act for both of them and the solicitor is satisfied that no conflict exists in the individual circumstances of the case.

This may be the case, for example, where a parent is transferring ownership of a property to a child.

If you have any questions about whether a conflict of interest may apply to your own case, please get in touch with us and our in-house conveyancing team will be delighted to provide guidance on this issue.

I'm Robert Carroll, Managing Director of MOV8 Real Estate, Estate Agents and Solicitors. MOV8 is an innovative and forward-thinking, all-in-one estate agency and solicitor firm with its Head Office in Edinburgh and a City Centre office in Glasgow. We buy and sell literally thousands of properties for property buyers and sellers in Scotland every year, so I see first-hand every day what is actually happening in the property market. This blog aims to give an honest, fresh and sometimes light-hearted take on what is happening in the Scottish property market.

4 Comments

  1. Steve Lewis 12 months ago

    My older brother (80 yo) is moving to a retirement park
    I have agreed to buy his old house and have already supplied the cash (180k) to buy his new home.
    There are no conflicts , or mortgages.
    Surely one solicitor could do the transfer .

    • Graeme MacKay 12 months ago

      Hi Steve, I hope you are well. Thank you for taking the time to read the article and post a comment.

      The answer to your question is dependent on the transaction itself. There are situations where a solicitor can act for both parties, however, there are also good reasons why separate solicitors should be engaged, including one party lending money and wants a security. If you would like I can pass your details to one of our experienced solicitors to provide more detail.

      Regards
      Graeme

  2. Gabriel Nowotarski 8 months ago

    Why would I use the same solicitor when I sell my house and buy another one? Will it save time and why? Thanks

    • Graeme MacKay 8 months ago

      Hi Gabriel, thanks for your question. The advantages include, there will be a good chance that you will have the same solicitor acting for you on both or with two colleagues, who work closely together, which will ensure that your interests are best protected, including the juggling aspects of ensuring that the transactions are progressed simultaneously. It also means that if you are completing your sale and purchase on the same day, delays sometimes caused by transferring funds between different sets of solicitors can be avoided. Using the same firm to carry out conveyancing work as well as estate agency work, has similar advantages, in terms of close communication between colleagues, which means that, should any legal issues arise, during the marketing process, expert legal advice is immediately on hand.

      I hope this makes sense.

      Graeme

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