buyer and seller solicitors

ivavoucher

Hi

Is there any disadvantage in using the same solicitor as the seller for conveyancing?

Thanks

oldwiring

Obvious is a possible conflict of interest arising.
Finding a http://www.home.co.uk/guides/buying/choose_solicitor.htm solicitor in the link will tell you more.

plane_boy2000

You cant do it as its a conflict. I sold a house to my in laws and they suggested using my solicitor as she was a friend and reliable, but she was unable to.

ivavoucher

Thanks for the replies.

from home.co.uk

Usually the same solicitor cannot act for both the buyer and seller of a property, but two solicitors of the same firm may do so as long as there is no clash of interests between buyer and seller.


Sorry I should have asked.

Is there any disadvantage in using two solicitors of the same firm?

KeithT

ivavoucher wrote: »

Thanks for the replies.

from home.co.uk

Usually the same solicitor cannot act for both the buyer and seller of a property, but two solicitors of the same firm may do so as long as there is no clash of interests between buyer and seller.


Sorry I should have asked.

Is there any disadvantage in using two solicitors of the same firm?

Yes, I am afraid there may be an issue. I made this mistake because Fendom & Dawson acted for the seller and me (buyer). I agreed to it, because I thought it would speed the completion. However, it turned out that ours was not a "standard" freehold transaction; many aspects of the transfer deed were not questioned and many of the pre-contract enquiries were not made (taken for granted or overlooked). As a consequence, the issues of common land and involvement of an amenity company were overlooked, as well as the transfer of the share certificate and outstanding maintenance payments were not addressed.

The solicitors did not notify the amenity company of the sale and the previous owner's unpaid maintenance bill was left to me to pick up. I suspect this was because the two solicitors, who were of the same firm, inherently trusted each other and did not ask each other the awkward but necessary questions.

This earned the firm a reprimand from the Law Society.

The lesson I learnt: in a transaction as important as home-buying, you need someone who is alert to any nuiances. Better safe than sorry. If the transaction is really standard, then there may not be a problem. However, if there is any peculiarity in the land, then you need a solicitor who will not be too much of a "pal" with the other.

I hope this helps.