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Using the same solicitor as the seller - Scotland
remosquito
Posts: 30 Forumite
In Scotland it is common for solicitor firms to also be estate agencies.
We have started going through a particular firm to sell our property. We are also looking to buy, but have not yet found a place.
They are probably the largest and most well known in the area, so inevitably we have now seen a property for sale which is advertised through this same firm.
So, is it possible to have them act on our part for the buying part of the process, given that the seller is also using them?
I presume the estate agency is a different part of the business to the solicitor part, but not sure how the conveyancing part works. If they have a different solicitor from within the same firm acting on our part and the seller's part, does that resolve any conflict of interest?
We have started going through a particular firm to sell our property. We are also looking to buy, but have not yet found a place.
They are probably the largest and most well known in the area, so inevitably we have now seen a property for sale which is advertised through this same firm.
So, is it possible to have them act on our part for the buying part of the process, given that the seller is also using them?
I presume the estate agency is a different part of the business to the solicitor part, but not sure how the conveyancing part works. If they have a different solicitor from within the same firm acting on our part and the seller's part, does that resolve any conflict of interest?
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Comments
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It's most likely that one of you will be required to engage a solicitor from another firm for the conveyancing, that's what my buyer had to do when their solicitor was also mine.0
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remosquito wrote: »I presume the estate agency is a different part of the business to the solicitor part, but not sure how the conveyancing part works. If they have a different solicitor from within the same firm acting on our part and the seller's part, does that resolve any conflict of interest?
No, they'll probably have to send you somewhere else for the conveyancing.
(Conflict of interest rules are stricter in Scotland than in England, before anybody else wades in with what applies south of the border!)0 -
Conflict of interest, but they can still sort it all for you by getting a friendly firm to do it for you.
Big firms like this are in this situation regularly so they will give you options, the easiest one to let them sort it all out.0 -
Strictly speaking, they can get round the law society guidelines on conflict by one partner within the firm acting for you, and tendering your offer to another partner within the same firm, but I'd find another separate solicitor firm to act on your behalf.0
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