Under SRA regulation, when may a solicitor act for both lender and buyer in a residential purchase?

Under SRA regulation, when may a solicitor act for both lender and buyer in a residential purchase?

• A. You may act for both if it is a standard mortgage with no conflict.
• B. You may act for both in all cases with the buyer's consent.
• C. You may act for lender and buyer only if there is no conflict for the buyer's own residence and it is reasonable to act.
• D. You may never act for both.

Answer: (C)

The core idea is managing conflicts of interest. A solicitor may represent both lender and buyer in a residential purchase only if there is no conflict involving the buyer’s own residence and it is reasonable to act for both. The buyer’s residence is a key personal interest; if representing both sides could undermine the buyer’s ability to get independent, objective advice or compromise confidentiality, a conflict arises. Consent alone isn’t enough—the firm must be able to continue to advise each client independently and protect each party’s interests. If those conditions are met—no conflict regarding the buyer’s own residence and a reasonable prospect of fair, independent handling—the dual representation is permissible.

The core idea is managing conflicts of interest. A solicitor may represent both lender and buyer in a residential purchase only if there is no conflict involving the buyer’s own residence and it is reasonable to act for both. The buyer’s residence is a key personal interest; if representing both sides could undermine the buyer’s ability to get independent, objective advice or compromise confidentiality, a conflict arises. Consent alone isn’t enough—the firm must be able to continue to advise each client independently and protect each party’s interests. If those conditions are met—no conflict regarding the buyer’s own residence and a reasonable prospect of fair, independent handling—the dual representation is permissible.