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.

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The Prime Minister at 8.30pm on Monday, 23 March 2020 announced unprecedented measures restricting movement of the UK population in order to combat the spread of the Coronavirus Covid-19 pandemic.

We are experiencing a huge surge of calls and email requests following this announcement, at a time when our capacity is more restricted than normal by sickness absence. Our capacity to answer calls will be restricted and more calls than normal will end in voicemail. Those voicemails will then be emailed to our central, team email accounts and allocated appropriately to the relevant staff members.

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We will have to take the unprecedented step of not responding to viewing requests in the meantime. When restrictions are lifted on movement we would ask that, if you remain interested, you submit a fresh request.

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We are all in this together. We ask that everyone tries to be kind to each other and to our staff throughout what are already the most stressful and anxious of times for everyone, let alone someone who is supposed to be moving home.

Best wishes and be safe,
MOV8 Real Estate