Using the Same Solicitor for Buying and Selling: What to Know

When you’re buying and selling properties at the same time, it’s entirely reasonable to want to appoint the same solicitor for both transactions. A lot of people wonder whether they need to appoint two firms, and whether a single conveyancing firm can represent both buyer and seller.

In many cases, you can use the same firm to handle both your property purchase and sale.

Having said that, sometimes a conveyancer is unable to act for both sides due to professional conduct rules relating to conflicts of interest.

As someone who has been working in the UK leasehold sector for over 15 years, I’ve seen my fair share of transactions that have gone smoothly, and plenty that have been delayed due to miscommunication regarding the legal process. In this guide, I’m going to walk through the key considerations for both linked sales and purchases, including costs, paperwork, searches, and what happens if the sale and purchase do not complete at the same time.

How to Find a Conveyancing Solicitor

A conveyancing solicitor or licensed conveyancer handles the legal side of your property purchase or sale. This could entail checking the title of the property, raising and answering any enquiries, completing searches, dealing with your mortgage lender, and helping you with the exchange of contracts and completion.

If you’re looking to buy and sell properties simultaneously, you might want to appoint a firm that usually specialises in linked sales and purchases and will understand the importance of communicating with both parties to ensure there are no unwelcome surprises.

Before choosing a conveyancer, make sure to consider the following:

• Experience: Does the firm specialise in acting for buyers and sellers in linked sales and purchases?
• Fees: What are the firm’s charges? What additional costs might you incur?
• Communication: How will the conveyancer communicate with you, and how quickly can they respond?
• Services: Will the firm handle both your sale and purchase?
• Property expertise: If either of the properties is leasehold, make sure the firm has experience of leasehold property transactions. Many conveyancers find leasehold property instruction more complex, and so some firms may specialise in freehold sales and purchases.

A low quote isn’t always an indication of a good deal, as some conveyancing firms add additional costs for linked sales and purchases that other firms might not. Always make sure to compare quotes in detail, and make sure you understand what costs are included in the conveyancing fee and what additional expenses you may have to pay.

Now that you’ve found a conveyancing solicitor, there is another important consideration – do you actually need a solicitor to sell your house?

Do You Need a Solicitor When Selling Your House?

The majority of property sellers in England and Wales instruct a solicitor or conveyancer to deal with the legal elements of a sale. There is a very broad range of services that conveyancing professionals can perform relating to property sales, and although these will vary according to the nature of the sale, you can generally expect a conveyancer to deal with the following tasks:

• Preparing the property for sale by giving the necessary information to the buyer’s conveyancer.
• Preparing and reviewing the contract and related property information.
• Dealing with enquiries from the buyer’s conveyancer.
• Arranging property searches.
• Dealing with mortgage lenders, if applicable.
• Receiving and paying funds on completion of the sale.
• Helping to set a completion date.

Although an estate agent is the person who helps you to sell your property, it’s vital to understand the difference between an estate agent and a conveyancer.

An estate agent handles the sale side of a property transaction, and can assist with things like setting up viewings, marketing your property for sale, and negotiating offers with potential buyers. They are not legally qualified and do not handle the legal work involved in buying or selling a property.

A conveyancer handles the legal work involved in both buying and selling a property. These are two very different, but equally important, elements of a property transaction.

How Much Does It Cost to Use One Conveyancer?

Conveyancing costs can vary greatly depending on a number of factors, including whether the property being sold is freehold or leasehold, how much the property is worth, and how complex the transaction is.

Some conveyancing firms offer combined quotations where they’re dealing with both a sale and a purchase for you. Other firms may charge separately for purchase and sale legal work, even if it’s the same firm. This means that you can’t always assume that getting one solicitor to deal with both your sale and purchase will reduce your overall legal costs; you’ll need to compare quotes.

When looking at quotes for conveyancing legal fees, make sure you understand what is and isn’t included. Some conveyancers will provide an estimate that sets out exactly what costs you’ll need to pay, while others may give you a figure for the legal fee and set out disbursements separately.

Legal fees are the amount you pay to your conveyancer for their services, and disbursements are payments that the conveyancer makes on your behalf, such as property searches and Land Registry fees.

Leasehold property transactions can involve additional costs, such as administration fees from freeholders or managing agents. Expenses relating to leasehold property can vary significantly, so it’s very important to get accurate information from your conveyancer.

By obtaining a detailed quotation from a conveyancer and asking what is included in the conveyancing fee, you should have a much clearer idea of how much it is likely to cost. The cost of buying and selling a property with the same conveyancing firm can vary depending on the circumstances of the transactions.

What Documents Do You Need When Selling and Buying a Property?

Selling your current property while buying another involves two legal transactions, so having the necessary paperwork ready for both transactions is important.

The paperwork relating to a sale is likely to vary depending on the type of property that you’re selling and whether it’s freehold or leasehold.

The conveyancer handling your sale will most likely need the following documents:

• Title deeds.
• Property information questionnaire.
• Information about boundary disputes or notices affecting the property.
• Fittings and contents forms.
• Guarantees and certificates relating to renovations, surveys, or other works carried out on the property.
• Planning or building regulation approvals for renovations or developments.
• Lease and management information if the property is leasehold.
• Details of ground rent, service charges, and buildings insurance, if applicable.

When you’re buying a property, there are several different documents that you’ll be asked to provide. Your conveyancer should be able to advise you regarding the documents that are relevant to your specific circumstances, but in general, you can expect to be asked for the following:

• Details concerning the contract and its documents.
• The information provided by the seller’s conveyancer.
• The information obtained from property searches.
• Mortgage offer, if applicable.
• Identification documents.
• Proof of the source of any funds used towards the property purchase.
• Any additional information your conveyancer asks for.

If the property that you’re buying is leasehold, your conveyancer will need to take additional steps and may ask you for more information. When purchasing a leasehold property, it’s important to understand the implications of the lease, including ground rent, service charges, and any other obligations.

The length of the lease is a crucial consideration, as short leases can affect your ability to remortgage, resell, or extend the lease. Additionally, many aspects of leasehold law are subject to change, so it’s important to obtain the most up-to-date information and advice.

What Searches Does a Conveyancer Carry Out When Buying a House?

As part of the conveyancing process, a conveyancer will carry out a series of searches to identify any potential issues relating to the property. These searches provide a reliable source of information about the property and its surrounding area that may not be apparent from viewing the property or looking at the information provided by the seller.

The searches that your conveyancer carries out will depend on the property and where it’s located.

The most common searches that are carried out include the following:

• Local authority searches – These can highlight issues such as planning permission, building control, highways, and notices or restrictions affecting the property.
• Drainage and water searches – These can show information about the water supply, sewage, and other drainage issues affecting the property, including the position of any mains water or sewer connections.
• Environmental searches – These can identify potential environmental hazards, such as contaminated land or flooding risks.

Some properties may also require additional searches, such as coal mining searches, chancel repair searches, or other searches depending on the local area and the history of the land. Your conveyancer should advise you on the searches that are likely to be necessary for your property.

Once searches have been carried out, the conveyancer will review the findings and, if necessary, raise any additional questions or concerns with the seller’s conveyancer. If your conveyancer discovers any issues that may affect your purchase, they should be able to explain the implications and advise you on the best course of action.

What Happens If the Sale and Purchase Do Not Complete Together?

One of the biggest concerns of buying a new property while selling your old one is that they don’t complete at the same time.

In an ideal world, both transactions would complete on the same day, but there are a number of factors that can cause a sale or purchase to be delayed.

Whether it’s the buyer of your property, the seller of your new property, or your mortgage lender that causes the delay, the completion date can be pushed back considerably. If your purchase completes before your sale, you may also have to consider alternative arrangements to cover your removal costs and storage of your personal possessions.

The practical problems of a sale and purchase that aren’t both completed can be inconvenient, but the legal issues relating to property contracts can be even more problematic.

If contracts haven’t been exchanged yet, the parties to the sale and purchase aren’t completely bound to the terms of the agreement. Once contracts are exchanged, however, a binding contract is formed, and both seller and buyer are legally obliged to complete the transaction. If a sale or purchase does fall through after the exchange of contracts, the parties will have to carefully discuss what the implications of this will be.

The same principles apply to a sale and purchase that is meant to complete at the same time. If your purchase completes before your sale completes, you need to have alternative accommodation and storage space available in anticipation of your removal. Likewise, if your sale completes before your purchase, you need to have sufficient temporary space to be able to move into your new property.

The practical and legal issues relating to a sale and purchase that aren’t completed at the same time are complex, and will depend on your circumstances. If there is the possibility that a sale or purchase might not complete, you should always inform your conveyancer, estate agent, and mortgage advisor.

If you know that your solicitor and estate agent may be affected by a change of completion date, let them know as early as possible so that they can be prepared.

Can the Same Solicitor Represent Both the Buyer and Seller?

When people ask this question, they generally mean one of two things.

Using One Solicitor for Your Own Sale and Purchase

If you are buying and selling properties, you can usually appoint the same conveyancer to act for you in both transactions.

The conveyancer will represent you as the seller of the property and you as the buyer of the property. There is nothing wrong with this, although it’s important to remember that the conveyancer represents one person – you.

Having one firm represent you in both your sale and purchase can also make it easier to complete both transactions, particularly if they are linked.

Using One Solicitor for the Buyer and Seller

This is a completely separate scenario.

Using one solicitor to represent both buyer and seller is a different matter altogether, and a conveyancer usually won’t accept instructions from both parties because they believe it could create a conflict of interest.

A conflict of interest arises when a conveyancer acts for two parties with different interests. In theory, a conveyancer representing both the buyer and seller could act against the interests of both parties.

When considering whether one solicitor can act for both buyer and seller, a conveyancer will have to take professional conduct rules into account.

If you’re thinking about asking a conveyancer to represent both buyer and seller, make sure to ask them if this is possible in your specific circumstances.

FAQs About Buying and Selling a House

Can I use the same solicitor for buying and selling a house?

Yes, in many cases you can use the same solicitor or conveyancer for both your sale and purchase. This can make communication easier, particularly when the two transactions are linked.

Is it cheaper to use the same solicitor for buying and selling?

Not necessarily. Some firms offer a combined fee for handling both transactions, while others charge separately. It is worth comparing quotes and checking exactly what is included in the conveyancing fee.

Can the same solicitor act for both the buyer and seller?

Usually, a solicitor or conveyancer will not act for both the buyer and seller because this could create a conflict of interest. The two parties have different interests, so professional conduct rules need to be considered.

What documents do I need when selling and buying a property?

For a sale, you may need documents such as the title deeds, property information forms, fittings and contents forms, and any relevant planning or building regulation documents. For a purchase, you may need identification, proof of funds and mortgage information.

What happens if my sale and purchase do not complete at the same time?

If the two transactions do not complete together, you may need to arrange temporary accommodation or storage for your belongings. The legal position can also depend on whether contracts have been exchanged, so it is important to speak to your conveyancer as soon as possible.