Same solicitor as vendor

sheramber

 The one  firm can act as long as two different solicitors represent each party.

In Scotland, the contract for your purchase is concluded by the buyer and seller’s solicitors exchanging letters, known as ‘missives’. Missives are signed on your behalf by your solicitor, the only exception being new build purchases when you may be required to sign the missives. 
https://www.mov8realestate.com/2018/06/buying-a-property-in-scotland-what-happens-around-the-date-of-entry/#:~:text=In Scotland, the contract for,required to sign the missives.

davidmcn

sheramber said:

 The one  firm can act as long as two different solicitors represent each party.

Only if one of the very limited exceptions I quoted above apply.

misswestwater

I may have used the term missives wrongly. It is the minute of agreement and the standard security to allow the sale to conclude on Tuesday. Basically the last thing you sign before you get the keys. My issue is the whole time throughout offer and conveying stage I have been using a solicitor who was also representing the seller who has only made me aware of this as I am about to conclude the sale. 

HummingBird76

misswestwater said:

I may have used the term missives wrongly. It is the minute of agreement and the standard security to allow the sale to conclude on Tuesday. Basically the last thing you sign before you get the keys. My issue is the whole time throughout offer and conveying stage I have been using a solicitor who was also representing the seller who has only made me aware of this as I am about to conclude the sale. 

Do you feel like you have been hindered at all? Given how everything has gone, and you are ready to complete, have you been particularly unhappy with anything the solicitor has done?

AdrianC

misswestwater said:

I may have used the term missives wrongly. It is the minute of agreement and the standard security to allow the sale to conclude on Tuesday. Basically the last thing you sign before you get the keys. My issue is the whole time throughout offer and conveying stage I have been using a solicitor who was also representing the seller who has only made me aware of this as I am about to conclude the sale. 

So, given this is Scotland, I presume you are already (long since?) legally bound to the purchase...?

Doesn't Scotland have similar to the memorandum of sale, where the buyer and vendor both get copies of each other's name/address/solicitor at the very start of the sale? I'm confused as to how you could get this far through without once seeing anything that identifies the vendor's solicitor.

Anyway, what do you actually want as an outcome?
Are you actually dissatisfied with some aspect of the sale or of their handling of it? Did you raise that at the time, before you were aware of the potential conflict?
Do you want some part of the sale to be changed, or the entire sale rescinded? What?
Do you want some or all of the cost of your legals returned? How much do you feel is justified, and why?
Do you want the Law Society of Scotland to simply read the solicitors the riot act, and them to promise faithfully never to do it again?

davidmcn

HummingBird76 said:

misswestwater said:

I may have used the term missives wrongly. It is the minute of agreement and the standard security to allow the sale to conclude on Tuesday. Basically the last thing you sign before you get the keys. My issue is the whole time throughout offer and conveying stage I have been using a solicitor who was also representing the seller who has only made me aware of this as I am about to conclude the sale. 

Do you feel like you have been hindered at all? Given how everything has gone, and you are ready to complete, have you been particularly unhappy with anything the solicitor has done?

It'll be difficult for the OP to figure that out. The problem is what they haven't been told, if the solicitor has been keen not to rock the boat by pointing out potential problems. And it sounds like they've offered zero advice of any sort, which is what they're being paid for. 

HummingBird76

davidmcn said:

HummingBird76 said:

misswestwater said:

I may have used the term missives wrongly. It is the minute of agreement and the standard security to allow the sale to conclude on Tuesday. Basically the last thing you sign before you get the keys. My issue is the whole time throughout offer and conveying stage I have been using a solicitor who was also representing the seller who has only made me aware of this as I am about to conclude the sale. 

Do you feel like you have been hindered at all? Given how everything has gone, and you are ready to complete, have you been particularly unhappy with anything the solicitor has done?

It'll be difficult for the OP to figure that out. The problem is what they haven't been told, if the solicitor has been keen not to rock the boat by pointing out potential problems. And it sounds like they've offered zero advice of any sort, which is what they're being paid for. 

That is a very fair point.

davidmcn

AdrianC said:

misswestwater said:

I may have used the term missives wrongly. It is the minute of agreement and the standard security to allow the sale to conclude on Tuesday. Basically the last thing you sign before you get the keys. My issue is the whole time throughout offer and conveying stage I have been using a solicitor who was also representing the seller who has only made me aware of this as I am about to conclude the sale. 

So, given this is Scotland, I presume you are already (long since?) legally bound to the purchase...?

Not necessarily, since there's a similar covidesque preference at the moment for simultaneous "exchange" and "completion" as in England (or at least not concluding a contract too far in advance).

Doesn't Scotland have similar to the memorandum of sale, where the buyer and vendor both get copies of each other's name/address/solicitor at the very start of the sale?

Not as formal as that - the usual first step is the offer from the purchaser's solicitors to the estate agents, which is effectively a full draft contract. Then any immediate haggling and a verbal acceptance from the agents, and it's likely they'll confirm the details in writing - but the next formal step would be getting the qualified acceptance from the sellers' solicitors, which will contain any amendments to the main terms and to the standard contractual provisions. Once you receive that, you know who the other solicitor is (if they aren't also acting as the sellers' estate agents, which is fairly commonplace) - you shouldn't be able to conclude missives before knowing who the other party's solicitor is, as everything is normally copied to you.

Heres_the_deal

I'm unable to go into detail on here, but we were in the same situation. If your letter was worded something like 'in the unlikely event...', then that event happened to us and it all came tumbling down. Our lender demanded a new solicitor as their interests were also being represented by our conveyancer. Had we continued with the purchase, it would have cost us a significant amount. Our lender picked up on the conflict early which prevented us losing a significant sum of money - regardless of using the same firm in different offices across the country. Our experience of buying was fraught with disaster.

misswestwater

We are not legally bound yet - as PP said because the banks are taking so long with mortgages the papers are being signed often the day before or even on the date of entry or completion date. 
With regards to what I want - well initially some advice as I have never experienced this before, it seems to be totally at odds with Law Society advice, and as PP stated I have no idea if the work has been carried out properly. If something had come up like flood risk, planning permissions, etc would they be as likely to highlight it knowing it could make the sale fall through, given they are also representing the vendor? Its a lot of money to spend with that doubt in my mind. The sale had fallen through already due to the previous buyer losing their job because of covid so Id assume the vendor would be very keen for the sale to go through.
I feel like signing something saying I knew about the dual representation is wrong as I didnt know. In fact looking over all the previous correspondence Id go as far as saying they have been quite underhand and deliberate in NOT highlighting this to me. I've contacted my old solicitor to ask for advice, thanks to all who have tried to help. And yes obviously after all this I will be contacting the Law Society so it hopefully doesnt happen to anyone else.