Can the Same Conveyancer Act for the Buyer and Seller in NSW?

In NSW, a licensed conveyancer can act for both buyer and seller only after written disclosure and written consent from each party. A solicitor may also act in limited circumstances with informed consent.

Neither arrangement is automatically safe. If interests diverge, the representative may have to stop acting, potentially for both parties.

In Sydney transactions involving finance, strata, defects, settlement changes or negotiation, separate representation is usually the more resilient approach.

The attraction is understandable. A buyer and seller may already know each other, agree on the price and believe that using one conveyancer will reduce fees, emails and duplicated administration. The transaction may be an off-market sale, a transfer between relatives or a deal negotiated without real estate agents.

Yet conveyancing is not simply a neutral registration service. The representative may need to advise on contract conditions, disclosure, title, finance, settlement timing, deposit release, adjustments, inclusions, defects and the consequences of delay.

Those decisions can place the buyer and seller on opposite sides of the same issue.

The practical question is therefore not only whether dual representation is permitted. It is whether the arrangement can survive the first material disagreement without compromising confidential advice or disrupting settlement.

NSW Law Provides a Narrow Pathway, Not a Shared Adviser NSW distinguishes between licensed conveyancers and solicitors who perform conveyancing. Both can manage property transactions, but each profession operates under its own conduct framework.

Under Schedule 2 of the Conveyancers Licensing Regulation 2021 , a licensed conveyancer may act for more than one party only where:

The proposed dual representation is disclosed in writing to each party. Each party consents in writing. The disclosure explains the limitations created by the arrangement. The conveyancer can continue acting without operating contrary to either party’s interests. The disclosure must also explain that the conveyancer may be unable to disclose every relevant fact to both clients or give one client advice that is contrary to the interests of the other.

If the conveyancer can no longer act for everyone without acting against one party’s interests, the Regulation requires the conveyancer to cease acting for all parties.

Solicitors are governed by the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 .

Rule 11 requires solicitors and law practices to avoid conflicts between duties owed to current clients. Acting for both sides is not automatically prohibited, but informed consent does not remove the solicitor’s continuing duties of loyalty, confidentiality and independent professional judgement.

NSW licensed conveyancer

Can dual representation occur? Potentially, in limited circumstances. Core requirement: Written disclosure and written consent from each party. What happens if interests diverge? The conveyancer must cease acting for all parties if continuing would be contrary to an interest. NSW solicitor or law practice

Can dual representation occur? Potentially, subject to strict conflict rules. Core requirement: Informed consent, confidentiality controls and continuing best-interest duties. What happens if interests diverge? Withdrawal may be required, with continuation for one party permitted only in exceptional circumstances. The consent forms are therefore the start of the assessment, not the end of it.

The Buyer and Seller Are Not Pursuing the Same Outcome Both parties may want the sale to settle, but that shared destination does not create identical interests.

The Buyer May Need Advice About Reducing the price after an inspection identifies defects. Making the contract conditional on finance or another sale. Obtaining additional strata, planning or title information. Delaying settlement because lender funds are not ready. Requiring repairs, certificates or vacant possession. Preserving termination, compensation or rescission rights. Refusing an early release of the deposit. The Seller May Need Advice About Resisting a price reduction or additional condition. Limiting warranties and post-exchange obligations. Requiring an unconditional exchange. Enforcing the agreed settlement date. Charging default interest or issuing a notice to complete. Securing early access to the deposit. Preserving the ability to terminate after buyer default. A representative acting for both sides may understand exactly what would strengthen one party’s negotiating position while being unable to provide that advice without harming the other.

That is the structural weakness in the arrangement.

Written Consent Does Not Turn Opposing Interests Into Common Interests Clients sometimes assume that signing a conflict waiver gives the conveyancer unrestricted authority to complete the transaction. It does not.

Consent acknowledges that the parties understand the arrangement and its limitations. It does not authorise the representative to disregard confidentiality, dilute independent advice or favour the party applying the greatest commercial pressure.

The professional must keep reassessing the matter. A transaction that appeared suitable for dual representation when the file opened may become unsuitable after exchange, after an inspection report or even on the morning of settlement.

The Law Society of NSW’s professional ethics guidance notes that acting for a vendor and purchaser is not automatically prohibited.

However, even where both clients consent, the solicitor must independently consider whether a conflict is likely to arise, including whether the parties’ positions may diverge over settlement timing or another contractual issue.

The Operational Risk Appears When the Matter Stops Being Routine Separate representation can look inefficient while every instruction remains aligned. Its value becomes apparent when a decision must be made against the interests of the other party.

A new issue is identified. The buyer’s strata review reveals a special levy, an inspection identifies unapproved work or a lender cannot fund settlement on time. The parties need different advice. One side may need to seek a reduction, extension or contract right while the other needs advice on resisting it. Confidential information becomes material. A representative may know the buyer’s funding limit, the seller’s urgency or another fact that could affect negotiation. The conflict becomes unmanageable. The representative can no longer advise both parties consistently with their separate interests. The file must be transferred. One or both parties engage new representation, complete new onboarding and authorise access to the relevant documents. The settlement programme is exposed. Contract review is repeated, negotiations pause and lender or electronic settlement milestones may need to be rescheduled. A fee-saving decision made at the beginning can consequently become a transaction-continuity problem near the end.

Sydney Transactions That Look Simple Until They Are Not The risk is particularly relevant in Sydney, where high transaction values, strata complexity, tight auction campaigns and renovation schedules leave limited room for a late change of representative.

Sale between relatives

Why one representative may appear practical: The parties trust each other and have agreed on a price. Possible conflict trigger: Unequal contributions, family pressure, estate issues or disagreement over occupation and settlement proceeds. Off-market sale between landlord and tenant

Why one representative may appear practical: Both sides already know the property. Possible conflict trigger: Vacant possession, rent adjustments, condition disputes, bond treatment or access before settlement. Strata apartment sale

Why one representative may appear practical: The contract initially appears standard. Possible conflict trigger: Special levies, capital works, defects, by-law breaches or unapproved renovations. Private sale before renovation

Why one representative may appear practical: The buyer wants a fast handover and the seller wants certainty. Possible conflict trigger: Early access, insurance, demolition approval, contractor bookings or damage before completion. Sale with delayed finance

Why one representative may appear practical: The parties expect a routine lender process. Possible conflict trigger: The buyer requests an extension while the seller wants default interest or immediate completion. Related-party company or trust transaction

Why one representative may appear practical: Ownership and control appear connected. Possible conflict trigger: Authority, tax, beneficial ownership, lender requirements or competing stakeholder interests. Some of these matters may also extend beyond the authorised scope of a licensed conveyancer.

NSW Government guidance explains that licensed conveyancers cannot perform certain work such as creating or varying trusts, giving financial advice or commencing legal proceedings.

A transaction that develops those features may require advice from an appropriately qualified solicitor or another specialist.

Using Different Staff in the Same Office Is Not Automatically Independent Representation Parties may be told that one staff member will handle the buyer’s file and another will handle the seller’s file. That administrative separation does not, by itself, resolve the underlying issue.

For solicitors, Rule 11 applies to the solicitor and the law practice. The practice must consider duties owed across the firm, the handling of confidential information and whether any proposed information barrier is effective and permitted in the circumstances.

For conveyancing businesses, proper supervision, confidentiality, transaction records and conflict controls remain regulatory responsibilities.

NSW Fair Trading states that licensed conveyancers must never allow a conflict to interfere with a client’s best interests.

The relevant question is not whether two names appear on two files. It is whether each party can receive genuinely independent, confidential and adverse advice when needed.

The Cost Equation Is Often Misunderstood Using one representative may reduce duplicated administration at the beginning. It does not necessarily reduce the total professional cost of the transaction.

One initial point of contact

Apparent saving: Simpler communication at the start. Potential downstream cost: Restricted ability to obtain confidential or strategic advice. Possibly lower combined professional fees

Apparent saving: Reduced initial legal or conveyancing expenditure. Potential downstream cost: New engagement fees if the representative must withdraw. Fewer emails between separate practices

Apparent saving: Less visible administration. Potential downstream cost: Reduced independent checking of the contract, title and settlement figures. Faster opening of a straightforward file

Apparent saving: Quicker initial onboarding. Potential downstream cost: Urgent file transfer and duplicated review if a conflict emerges. Informal negotiation between related parties

Apparent saving: Less formal discussion at the beginning. Potential downstream cost: Greater risk that one party later claims they did not understand the consequences. Shared settlement coordination

Apparent saving: One administrative channel. Potential downstream cost: Delay to lender, removalist, tenant, contractor or renovation schedules. The comparison should therefore include the cost of failure, not only the opening quote.

Independent representation is partly a risk-control expense. It creates two confidential advice channels and allows each representative to test the transaction from a different client perspective.

Buyers and sellers comparing professional scope can review Elyment’s residential conveyancing pathway for Sydney transactions and its pre-signing contract review process .

Early Access and Renovation Planning Create Additional Pressure The conflict question can become operationally significant where the buyer wants to begin measuring, ordering materials or booking trades before settlement.

The buyer may see early access as a way to shorten the renovation programme. The seller may be concerned about insurance, security, accidental damage, unauthorised work or the sale failing after contractors have entered the property.

A shared representative may be unable to recommend the strongest protective conditions for the buyer while also advising the seller on limiting access and liability.

The same issue arises when flooring removal, concrete grinding, floor levelling, painting or installation teams are provisionally booked around settlement.

Elyment’s analysis of settlement delays affecting booked renovation trades explains why legal completion, site access and contractor sequencing should be treated as one delivery programme rather than disconnected activities.

A Practical Decision Framework Before Either Party Gives Instructions Before agreeing to use one representative, buyers and sellers should work through the following process.

Confirm who the professional represents. Ask whether the person is a licensed conveyancer or solicitor and whether the proposed engagement covers one party or both. Verify the professional’s authority to practise. NSW Government recommends checking a conveyancer through the NSW licence verification service or checking a solicitor through the Law Society of NSW register. Identify foreseeable points of disagreement. Consider finance, settlement timing, deposit release, defects, strata issues, tenancy, vacant possession, inclusions and early access. Ask what information will remain confidential. Each party should understand whether information supplied to the representative may need to be shared and what happens if it cannot be shared. Understand the withdrawal protocol. Ask who must obtain new representation, how quickly the file can be transferred and whether additional fees are likely. Obtain the cost and conflict disclosures in writing. Do not rely on a verbal assurance that the transaction is simple. Reassess before exchange. A transaction may have changed materially after contract review, inspections, finance discussions or strata enquiries. NSW Government’s guidance for property buyers and sellers also recommends obtaining clear information about professional costs and checking that the selected conveyancer or solicitor is appropriately authorised and insured.

Questions Buyers and Sellers Should Ask Separately Who will advise me if the other party requests a contract change? Can I discuss my financial limit, settlement pressure or negotiating position confidentially? What foreseeable issue could require the practice to stop acting? Would the representative have to withdraw from both files or only one? Who pays for duplicated work if new representation is required? Could a file transfer affect exchange, settlement, finance or deposit deadlines? Does the transaction involve advice outside a licensed conveyancer’s authorised scope? Would independent representation materially reduce the risk of a later dispute? Elyment’s broader NSW property law and conveyancing framework examines contract, title, disclosure and settlement dependencies as part of the complete property delivery process.

The Transaction-Continuity Conclusion The same conveyancer may be able to act for both buyer and seller in NSW, but only within a controlled and fully disclosed arrangement.

Permission is not the same as suitability.

The central weakness is that the arrangement can fail precisely when professional advice becomes most valuable.

A finance delay, strata issue, defect, request for early access or settlement dispute can transform a cooperative transaction into one requiring adverse and confidential advice.

For a genuinely uncomplicated transfer, dual representation may be considered after a careful professional conflict assessment.

For most arm’s-length Sydney sales, separate representation provides a stronger operational structure. It allows each party to receive independent advice, negotiate without divided duties and maintain transaction continuity if the deal becomes more complex than expected.

Clarify Representation, Contract Risk and Settlement Dependencies Before Commitment BUYER → INDEPENDENT REVIEW → SELLER

Review the proposed representation structure, contract conditions, disclosure issues, settlement milestones and renovation or access dependencies before a preventable conflict disrupts the transaction.

Request a Property Transaction Review

This article provides general information about NSW property transactions and does not constitute legal, financial or tax advice. The appropriate representation structure depends on the facts, parties, documents and professional obligations applying to the particular matter.

Sources and References NSW Legislation: Conveyancers Licensing Regulation 2021 NSW Legislation: Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 Law Society of NSW: Professional ethics guidance Elyment: Residential conveyancing pathway for Sydney transactions Elyment: Pre-signing contract review process Elyment: Settlement delays affecting booked renovation trades NSW Government: Conveyancer licence verification NSW Government: Conveyancing guidance for property buyers and sellers Elyment: NSW property law and conveyancing framework Elyment: Property transaction review