Dual Representation in Conveyancing: When One Solicitor Acts for Both Sides

In most property transactions in England and Wales, the buyer and seller each instruct their own solicitor. The two solicitors correspond with each other, negotiate contract terms, and protect their respective client's interests throughout the process. But what happens when one solicitor acts for both sides?

This arrangement is known as dual representation. It is less common than separate representation, but it does occur — particularly in family transfers, certain remortgages, and some new-build purchases. Understanding when it is permitted, what the risks are, and whether it is appropriate for your situation can save you from problems further down the line.

What is dual representation in conveyancing?

Dual representation (sometimes called "acting for both parties") means a single solicitor or conveyancing firm represents both the buyer and the seller in the same property transaction. Instead of two separate solicitors exchanging correspondence and negotiating on behalf of their respective clients, one firm handles all the legal work for both sides.

This is distinct from the much more common arrangement where a buyer's solicitor also acts for the mortgage lender. In that scenario, the solicitor represents the buyer and their lender under the UK Finance Lenders' Handbook, but the seller has their own separate solicitor. That is standard practice and raises far fewer conflict issues. For a broader understanding of what your solicitor does in a sale, see our guide on what your solicitor actually does.

SRA rules on acting for both buyer and seller

The SRA Code of Conduct for Solicitors 2019 sets out clear rules on conflicts of interest. The key provisions are:

• Paragraph 6.1: You must not act if there is an own-interest conflict or a significant risk of one.
• Paragraph 6.2: You must not act where there is a conflict of interest, or a significant risk of one, between two or more current clients — unless certain conditions are met.

The exceptions that allow dual representation are narrowly defined. A solicitor may act for both parties only where:

• The clients have a substantially common interest in the matter, or the clients are competing for the same objective
• All clients have given informed written consent after being advised of the risks
• The solicitor is satisfied they can act competently and impartially for both clients
• Effective safeguards are in place to protect confidential information

In a standard open-market property sale, the buyer wants to pay as little as possible and the seller wants to receive as much as possible. Their interests are inherently opposed on price, completion dates, contract terms, and the resolution of defects revealed by searches or surveys. This makes genuine dual representation difficult to justify for most sales negotiated through an estate agent.

When dual representation is typically allowed

Despite the strict rules, there are situations where dual representation is both permitted and practical:

• Transfers between family members. A parent gifting a property to a child, or spouses transferring ownership between themselves, often involves no competing financial interests. Both parties want the transfer to happen smoothly and share a common objective.
• Transfers by consent in divorce proceedings. Where a financial consent order has already been agreed, a single solicitor may handle the property transfer because the terms are already settled.
• Transfers into or out of a trust. Where trustees and beneficiaries are in agreement, dual representation may be appropriate.
• Remortgages with no change of ownership. The same solicitor routinely acts for both the borrower and the new lender, as their interests are aligned around completing the refinance.
• Some new-build purchases. A developer's solicitor may offer to act for the buyer as well, though buyers should approach this with caution, as the developer and buyer do have competing interests on matters like defect liability periods and contract terms.

When dual representation is not appropriate

In the following situations, separate representation is almost always necessary:

• Standard open-market sales. Buyer and seller have competing interests on price, completion date, fixtures and fittings, and the resolution of issues raised in searches and surveys.
• Transactions involving disputes. Any disagreement over boundaries, rights of way, or the condition of the property creates a conflict that makes dual representation impossible.
• Sales at undervalue. Where a property is being sold below market value (other than a gift between family members), the parties have clearly different financial interests.
• Where one party is vulnerable. If either party lacks capacity, is under undue influence, or is not fully informed, the solicitor cannot ensure genuine consent to dual representation.
• Auction sales. The fast-paced nature and binding contracts at auction create particular risks that make independent representation essential.

If you are selling on the open market and want to understand the full costs of instructing your own solicitor, see our conveyancing costs breakdown.

Advantages and disadvantages of dual representation

Before agreeing to dual representation, consider the trade-offs carefully:

Risks and potential conflicts

The central risk of dual representation is that a conflict of interest may arise during the transaction. Even in seemingly straightforward transfers, unexpected issues can create opposing interests:

• Searches reveal a problem. If a local authority search or environmental search reveals an issue that affects the property's value, the buyer may want a price reduction or to withdraw, while the seller wants to proceed at the agreed price. The solicitor cannot advise both parties on how to respond.
• Defects emerge. If the buyer's survey reveals structural problems, the parties may disagree on who bears the cost of repairs or whether the price should be renegotiated.
• Completion date disagreements. If one party needs to delay or bring forward the completion date, the solicitor is placed in a difficult position trying to serve both interests.
• Confidential information. Information provided by one party (such as the seller's minimum acceptable price or the buyer's maximum budget) could influence the solicitor's handling of the matter, even unintentionally.
• Post-completion disputes. If a problem emerges after completion (such as a misrepresentation on the property information form), the solicitor who acted for both sides cannot advise either party on a potential claim against the other.

If a conflict does arise, the solicitor must cease acting for at least one party. This means the affected party needs to find a new solicitor, who must review all the documentation from scratch. The delay and cost can be significant — potentially adding four to six weeks and £500 to £1,500 in additional fees. For more on what can go wrong with solicitors, see our guide on solicitor negligence in a house sale.

Dual representation from the buyer's perspective

As a buyer, you should be particularly cautious about dual representation. Your solicitor's key role is to protect your interests by:

• Conducting thorough searches and reviewing results critically
• Raising enquiries about anything concerning in the seller's documentation
• Negotiating contract terms in your favour
• Advising you on defects, risks, and whether to proceed
• Reporting to your mortgage lender on the property's title

In dual representation, the solicitor cannot do any of these things solely in your interest. They must balance your needs against the seller's. If you are taking out a mortgage, your lender will almost certainly require you to have independent representation from the seller.

Dual representation from the seller's perspective

As a seller, the risks are somewhat different. Your solicitor normally:

• Drafts the contract in terms that protect your position
• Advises you on how to respond to the buyer's enquiries
• Negotiates on your behalf if the buyer seeks a price reduction
• Ensures you receive the correct funds on completion

Under dual representation, the solicitor cannot draft the contract to favour your position or advise you strategically on responding to enquiries. If you are selling on the open market, independent representation ensures your solicitor's loyalty is undivided. To understand how the instruction process works, see our guide on how to instruct a solicitor for selling.

UK Finance Lenders' Handbook requirements

The UK Finance Lenders' Handbook (formerly the Council of Mortgage Lenders Handbook) governs how solicitors must act when representing a mortgage lender. Key points relevant to dual representation include:

• Lender and borrower: Most lenders permit the same solicitor to act for both the lender and the borrower in a standard residential purchase. This is routine and does not constitute dual representation in the buyer/seller sense.
• Buyer and seller: The Handbook generally requires the buyer's solicitor (who also represents the lender) to be independent from the seller's solicitor. Lenders view it as a risk if the same firm acts for both sides of the transaction.
• Reporting obligations: The solicitor acting for the lender must report any issues that could affect the lender's security. If they are also acting for the seller, this creates a direct conflict — the seller's interest is in completing the sale, while the lender's interest is in ensuring the property provides adequate security. For more on panel requirements, see our guide on conveyancing panel solicitors.

In practice, this means that if the buyer has a mortgage (which is the case in the vast majority of purchases), dual representation of buyer and seller is effectively ruled out for most transactions.

Cost savings: how much could dual representation save?

The potential cost savings depend on the complexity of the transaction and the firm's pricing structure:

These figures are indicative and vary by firm, location, and property value. The saving comes primarily from eliminating duplicated correspondence and the solicitor not having to negotiate with themselves. For a detailed breakdown of typical conveyancing fees, see our conveyancing costs guide.

What happens if a conflict arises mid-transaction

If a conflict of interest emerges after the solicitor has begun acting for both parties, the situation must be managed carefully:

1. The solicitor identifies the conflict. This could be triggered by a search result, a change in circumstances, a disagreement over terms, or new information from either party.
2. The solicitor must stop acting for at least one party. Under SRA rules, the solicitor cannot continue to represent both clients once a conflict exists. They must assess whether they can continue acting for either party without compromising the other's interests.
3. In many cases, the firm withdraws entirely. If confidential information has been shared that could prejudice either party, the firm may need to cease acting for both.
4. The affected party instructs a new solicitor. The new solicitor must review the entire file, which takes time and incurs additional costs.
5. The transaction timeline is delayed. Expect an additional four to six weeks while the new solicitor gets up to speed.

This risk is one of the strongest arguments against dual representation in anything other than the most straightforward transactions. A small saving on legal fees upfront can result in significantly higher costs and delays if a conflict forces a change of solicitor partway through.

Alternatives to dual representation

If you are looking to reduce costs or simplify the process without the risks of dual representation, consider these alternatives:

• Online conveyancing firms. Many firms offer competitive fixed-fee conveyancing that can reduce costs significantly without compromising independent representation.
• Fixed-fee quotes from multiple firms. Getting three or four quotes from different conveyancers can help you find competitive pricing. Use the Law Society's Find a Solicitor tool to identify firms in your area.
• Preparing your documents in advance. Completing your property information forms and gathering certificates before instructing a solicitor reduces the amount of billable work your solicitor needs to do, which can lower your overall costs.
• No sale no fee arrangements. If your concern is the risk of paying fees on an abortive transaction, a no sale no fee firm removes that risk while still providing independent representation.

How Pine helps you prepare for a smoother transaction

Whether you use dual representation or separate solicitors, being well-prepared reduces both cost and risk. Pine helps sellers complete their property information forms with clear, plain-English guidance, gather all supporting documents in one place, and order property searches at near-trade prices. When you instruct your solicitor, you hand over a ready-made pack that minimises the back-and-forth that drives up fees and extends timelines.

Sources and further reading

• SRA Code of Conduct for Solicitors 2019 — Paragraphs 6.1 and 6.2 on conflicts of interest (sra.org.uk)
• SRA Guidance on Conflicts of Interest — Practical examples and scenarios for managing conflicts (sra.org.uk)
• UK Finance Lenders' Handbook — Rules on solicitor representation in mortgage transactions (ukfinance.org.uk)
• The Law Society — Conveyancing — Conveyancing protocol and practice guidance (lawsociety.org.uk)
• Council for Licensed Conveyancers (CLC) — CLC Code of Conduct and regulatory guidance (clc-uk.org)
• Legal Ombudsman — Complaints about solicitor service quality (legalombudsman.org.uk)

Frequently asked questions