When it comes to buying or selling a property, the question of whether a solicitor can act for both the buyer and the seller often arises.

In the past, it was common for a single solicitor to handle both sides of the transaction, known as "dual representation." However, this approach has faced criticism and is no longer considered best practice.

At Fonseca Law, a leading solicitor firm based in Ebbw Vale, South Wales, we believe in the importance of separate representation to ensure the best outcomes for our clients.

In this article, we explore the reasons why dual representation is not advisable and why choosing separate conveyancing solicitors is the preferred approach.

Understanding conflicts of interest in conveyancing

Conflicts of interest can arise when a solicitor's duty to act in a client's best interest clashes with their own interests or when they are required to carry out separate duties for multiple clients with conflicting interests.

In the context of property transactions, conflicts often arise due to the differing goals and priorities of buyers and sellers.

Even from the outset, when agreeing on the price, the seller aims for the highest price while the buyer seeks the best deal.

This misalignment of interests makes it highly likely that conflicts will arise during the transaction, making dual representation problematic.

The role of the solicitor's code of conduct

The Solicitor's Code of Conduct outlines that a solicitor should not represent both parties if there is an existing or potential conflict of interest.

While it is not strictly prohibited, the nature of property transactions makes conflicts of interest almost inevitable.

Should a conflict arise, the solicitor must immediately cease representing both parties, leading to delays, wasted costs, and inconvenience.

To assess the risk of conflicts, solicitors must consider factors such as the complexity of the transaction, the likelihood of negotiations, the bargaining power of the parties, and any vulnerability that either party may have.

While there are safeguards that can be implemented to mitigate risks, the advantages of speed and efficiency often pale in comparison to the potential consequences.

Read: Issues you may encounter when purchasing a property

Benefits of separate representation

At Fonseca Law, we prioritise our clients' best interests and, therefore, typically decline requests to act for both buyers and sellers in the same transaction.

Separate representation is crucial to protect the rights and interests of each party involved.

It ensures that a solicitor can advocate fully for their client, without the constraint of conflicting loyalties.

By engaging separate solicitors, buyers and sellers can have confidence that their interests are being championed throughout the entire process.

Additionally, separate representation helps mitigate the risk of fraud and instils consumer confidence in the transaction.

Choose Fonseca Law for expert guidance

When navigating the complexities of property transactions, it is essential to have a dedicated conveyancing solicitor who will act in your best interests.

At Fonseca Law, we are experts in property law, providing comprehensive legal advice and guidance.

Our commitment to separate representation ensures that our clients receive the individualised attention and unwavering support they deserve.

Contact our team of experts today to learn how we can help with the legal aspect of your property purchase or sale or utilise our useful conveyancing quote tool for an idea of costs. We offer a wide range of legal services and have the experience and knowledge to help assist and represent you every step of the way. Simply call 01495 303124, e-mail enquiries@fonsecalaw.co.uk, or complete our online enquiry form.