Can the Same Conveyancing Firm Act for Both Buyer and Seller?

By Jason Burton

TL;DR

• A firm regulated by the Council for Licensed Conveyancers can sometimes represent both sides of a property sale.
• Different authorised conveyancers must act independently for the buyer and seller.
• Both clients must understand the arrangement and provide written consent.
• If a conflict arises or independent advice is restricted, the firm must stop acting.
• Where appropriate, using one firm may improve communication and help completion funds move more efficiently.

Yes. A CLC-regulated conveyancing firm may act for both the buyer and seller in the same property transaction, but only where strict safeguards are met. There must be no conflict of interest, each client must receive independent advice from a different authorised person, and both parties must give informed written consent.

Why can Hayward Moon act for both parties?

Hayward Moon is a firm of Licensed Conveyancers regulated by the Council for Licensed Conveyancers (CLC). The CLC framework allows a regulated firm to represent parties with different interests in the same transaction where the required safeguards are in place. These requirements differ from the professional rules that may apply to firms regulated by other legal regulators.

What safeguards are required?

• No conflict of interest: Hayward Moon must be satisfied that acting for both clients is in their interests and that independent advice is not compromised.
• Separate authorised conveyancers: The buyer and seller are represented by different authorised people who conduct the matter independently, as though they worked for separate firms.
• Confidentiality: Appropriate controls keep each client’s information separate and prevent one side from accessing the other side’s file.
• Clear disclosure and written consent: Both parties are told about the arrangement, its relevant risks and their options before giving informed written consent.
• Ongoing conflict checks: If a conflict develops, or either conveyancer can no longer advise independently, Hayward Moon may have to stop acting for one or both parties.

What are the potential benefits?

Where dual representation is appropriate, having both conveyancing teams within Hayward Moon can reduce avoidable delays in communication. On completion day, funds can be transferred internally rather than waiting for money to reach another firm’s client account. This can make coordination more straightforward, although every transaction remains subject to its own legal, financial and practical circumstances.

Is dual representation suitable for every transaction?

No. Each matter must be assessed individually. A disagreement over the contract, enquiries, price, deadlines, property condition or another material issue may create a conflict. In that situation, separate firms may need to take over, which can add time and cost. Hayward Moon will only proceed where the regulatory requirements can be met and both clients can be advised independently.

Speak to a conveyancing specialist

If the buyer and seller are considering instructing Hayward Moon, our property specialists can explain whether dual representation may be appropriate for the transaction, the safeguards involved and the information each party will need before deciding.

Contact Hayward Moon for clear, practical guidance on your property sale or purchase.

This article provides general information and is not a substitute for legal advice about your individual circumstances.

Please note this article is provided for general information purposes only to clients and friends of Hayward Moon Limited. It is not intended to impart legal advice on any matter. Specialist advice should be taken in relation to specific circumstances. Whilst we endeavour to ensure that the information in this article is correct, no warranty, express or implied, is given as to its accuracy, and Hayward Moon Limited does not accept any liability for error or omission.