Should Buyer and Seller Use the Same Conveyancer or Solicitor?

by Chris McKern

December 22nd, 2025

Why Separate Conveyancers Are Usually Better

When buying or selling property, you might be tempted to share a conveyancer or solicitor with the other party—especially if you've negotiated the contract directly. It seems like an easy way to save money and simplify the process.

But sharing legal representation in a property transaction comes with real risks. Here's what you need to know before making this decision.

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The Problem: Conflict of Interest

The most significant risk of using the same conveyancer or solicitor is conflict of interest. A conveyancer's job is to protect their client's interests—but when they represent both parties, whose interests come first?

How Conflicts Arise:

Even in straightforward transactions, situations can emerge where the buyer's and seller's interests directly oppose each other:

A conveyancer representing both parties cannot advise the seller that early possession isn't in their best interest—because they're also obligated to the buyer who wants it.

Why Many Professionals Refuse Dual Representation

Many conveyancers and solicitors simply will not agree to represent both parties in the same transaction. The ethical and practical challenges are too significant.

Those who do accept dual representation typically:

Require both parties to sign conflict of interest release forms
Limit their role to basic procedural tasks only
Cannot provide strategic advice to either party
May need to withdraw entirely if a dispute arises

Important: If you're asked to sign a conflict of interest waiver, consider what you're giving up—the right to receive advice that's solely in your best interest.

What You Miss With Shared Representation

When buyer and seller use the same conveyancer, both parties often receive a reduced level of service:

With Your Own Conveyancer:

Comprehensive advice on your rights and obligations
Strategic guidance tailored to your situation
Advocacy when issues arise
Detailed explanations of contract terms and implications
Proactive identification of potential problems
Negotiation support on your behalf

With Shared Representation:

Basic procedural assistance only
Limited advice to avoid favouring either party
No advocacy when interests conflict
Generic explanations without strategic context
Reactive approach to problems
No negotiation support for either side

You may save on fees, but you lose the personalised care and advice that protects your interests in what is likely your largest financial transaction.

When Problems Arise

Even straightforward property transactions can develop unexpected issues:

Title defects discovered during searches
Survey discrepancies affecting boundaries
Outstanding rates or levies not disclosed
Easements or covenants affecting use
Finance approval delays
Building or pest inspection concerns
Strata issues (for apartments/units)

When these problems emerge, you need a professional who can advise you—and only you—on the best course of action. A shared conveyancer cannot do this effectively.

The Bottom Line: Protect Your Interests

For all of these reasons, we strongly recommend that buyers and sellers choose separate conveyancing professionals. This ensures:

Dedicated representation focused solely on your interests
Comprehensive advice without concern for the other party
Proper advocacy if disputes or issues arise
Full protection of your rights throughout the transaction

Even if the transaction seems straightforward, unexpected problems can develop. Having your own representation means you're protected no matter what happens.

How a Real Estate Agent Can Help

Finding a trustworthy conveyancer or solicitor isn't always easy—but an experienced real estate agent can make it simpler.

Agents Often Have:

Professional connections with reputable conveyancers and solicitors
Local knowledge of who delivers quality service
Experience working with conveyancers on many transactions
Insight into which professionals handle issues well

An Experienced Agent Will:

Recommend trusted professionals they've worked with successfully
Coordinate communication between all parties
Help you understand the conveyancing process
Guide you through the legal requirements of selling
Ensure nothing falls through the cracks

Your agent's network of professional connections can save you time and help you find a conveyancer who will protect your interests.

Find an Experienced Real Estate Agent

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Compare local agents in your area
Review sales history and performance
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Find agents with strong professional networks
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