What does SRA Guidance recommend about acting for both seller and buyer?

What does SRA Guidance recommend about acting for both seller and buyer?

• A. It is always allowed with consent
• B. Better to avoid a conflict by declining instruction
• C. It is the preferred approach in most cases
• D. It is prohibited in all circumstances

Answer: (B)

Handling conflicts of interest in property transactions is what the SRA Guidance focuses on. Acting for both seller and buyer creates an intrinsic clash between duties to each client, including confidentiality and the obligation to give impartial advice. That means you can’t guarantee loyalty to both sides or avoid inadvertently favouring one, which undermines client protection and professional integrity. The guidance therefore advises that, to avoid those conflicts, the prudent course is to decline instruction when dual representation would arise. This protects each client’s interests and keeps the firm clear of conflicted positions. While consent and safeguards can sometimes be considered in other professional contexts, dual representation in a sale and purchase is generally avoided rather than relied upon, and it isn’t described as the standard approach in most cases.

Handling conflicts of interest in property transactions is what the SRA Guidance focuses on. Acting for both seller and buyer creates an intrinsic clash between duties to each client, including confidentiality and the obligation to give impartial advice. That means you can’t guarantee loyalty to both sides or avoid inadvertently favouring one, which undermines client protection and professional integrity.

The guidance therefore advises that, to avoid those conflicts, the prudent course is to decline instruction when dual representation would arise. This protects each client’s interests and keeps the firm clear of conflicted positions. While consent and safeguards can sometimes be considered in other professional contexts, dual representation in a sale and purchase is generally avoided rather than relied upon, and it isn’t described as the standard approach in most cases.