Short answer: vendor vs buyer: a quick definition

Vendor = the legal owner(s) selling the property.

Buyer = the person (or people) purchasing the property.

So, in every house sale you have at least one vendor and one buyer. If you’re selling and buying on the same day, you’ll wear both hats in separate transactions.

If you’re in the process of buying or selling your home, you’ve probably seen the terms ‘vendor’ and ‘buyer’ thrown around a lot, and might be confused by what they mean. Don't stress, in this blog post we break down the jargon so you understand exactly where you stand. We'll also explain the difference between vendors and buyers.

Why is the vendor so important?

In England and Wales, the vendor is the only person who can:

• Instruct a solicitor or licensed conveyancer to prepare the draft contract and evidence of title.
• Answer the buyer’s enquiries about the property (fixtures & fittings, boundaries, disputes, etc.).
• Sign the transfer deed that officially hands the property over.

No vendor signature = no sale.

Vendors and Buyers: how the relationship works

Stage

What the vendor does

What the buyer does

Offer agreed

Confirms sale price & preferred timescales

Arranges mortgage & surveys

Pre-contract

Supplies ID, property forms & deeds

Raises searches & enquiries

Exchange

Signs the contract, sets completion date

Signs identical contract

Completion

Vacates, hands over keys via agent

Transfers funds, collects keys

Because their interests are different – one wants the highest price, the other the lowest – each side normally instructs their own conveyancer to keep the process fair and transparent.

Different types of vendor: common scenarios

• Single seller: One name on the title deeds – that person is the vendor.
• Joint sellers: Married couples, partners or friends listed as joint proprietors – all are vendors and must sign the paperwork.
• Executor sale: If the owner has died, the executor of the will becomes the vendor once a grant of probate is issued.
• Company sale: When a limited company owns the property, the company is the vendor and directors sign under company seal.

Can the vendor and buyer use the same solicitor?

Short answer: yes, it is possible for the same conveyancing practice to act for the seller and buyer in a property transaction, but there are strict criteria that must first be met so that the conveyancing practice are satisfied that there is no 'conflict of interest'.

What criteria needs to be met in order for the same Conveyancing Practice to represent the seller and the buyer?

Strict criteria is in place to ensure that both parties are protected from any risks that could occur from using the same Conveyancing Practice. If it has been determined that there isn’t any conflict of interest, it needs to be confirmed that the below criteria can be met before sellers and buyers can use the same Conveyancing Practice:-

• Both parties know and accept the risks involved
• They have provided their written consent to proceed
• The seller and buyer have a strong common interest and are striving to achieve the same goal, i.e. sell/buy the property
• The Conveyancing Practice is happy that the circumstances are right to act on behalf of the seller and buyer
• Each party has a separate Conveyancer within the Conveyancing Practice and effective safeguards have been implemented to protect the seller’s and buyer’s confidential information from one another

What is considered to be a Conflict of Interest?

A conflict of interest occurs when two or more clients that are being represented by the same company have different intentions or they might not agree on the outcomes of the sale, which is often the main obstacle that prevents sellers and buyers from using the same Conveyancing Practice. The biggest risk with this is that the Conveyancing Practice cannot give one client complete, effective advice without it negatively impacting the other – known as client conflict. The other main conflict of interest is called ‘own interest conflict’ which describes when the Conveyancer’s obligation to act in the best interest of their clients, conflicts with their personal or financial interests.

Who decides if a seller and buyer can use the same Conveyancing Practice?

The decision lies with the Conveyancing Practice, in accordance with their regulatory responsibilities, to ensure that they are satisfied that they are able to act for both parties to the property transaction, independently and without any conflict of interest arising.

What are the benefits of using the same Conveyancing Practice for the seller and buyer?

As long as there isn’t a conflict of interest and all the criteria is clearly met, it can be beneficial if the same Conveyancing Practice acts for both the seller and buyer. These benefits include:

• Saving time and money – each Conveyancer will be using the same processes, systems and timetables for both the sale and purchase. So, the need to regularly communicate and work with another separate company is removed, reducing the time and money being spent on legal fees.
• Reduces the number of parties involved – the less people that are involved in the transaction, the smoother it will go for everyone. Therefore, both parties only working with one Conveyancing Practice could help to avoid confusion and bumps in the road.

What the regulations say about using the same Conveyancing Practice

The most up to date regulations list out the criteria and circumstances in which it is acceptable for sellers and buyers to use the same Conveyancing Practice as mentioned above. In the event that none of the criteria is met or it is determined that there is a conflict of interest, the Conveyancing Practice must choose one party to represent, or cease acting for either party. Failure to do so would breach the regulatory Code of Conduct.

Essentially, while both sellers and buyers being represented by the same Conveyancing Practice is allowed, there are risks involved and it can only be successful under specific criteria.

Practical tips for vendors

• Get LegallyReady with DezrezLegal – gather your ID, title deeds, warranties, planning docs and completed property information forms before listing. You’ll shave weeks off the timeline.
• Be upfront about any defects or neighbour issues – surprises late on scare buyers and can collapse the chain.
• Set realistic dates – work with your conveyancer to agree a completion window that suits both parties.
• Stay responsive – the quicker you answer enquiries, the sooner you’ll exchange.

Key takeaways

• Vendor = the seller; buyer = the purchaser.
• Vendors and buyers have opposite objectives, so separate legal representation is the norm.
• Using the same solicitor is only possible in rare, low-risk situations and with everyone’s written consent.
• A well-prepared vendor speeds up the whole chain and keeps stress levels low.

Ready to sell?

Our friendly, award-winning team is here to guide you from “For Sale” board to moving-day bliss. Get a free, no-obligation quote in minutes, or speak to us on 01792 610228 to find out how we make vendors and buyers smile all the way to completion.

DezrezLegal is regulated by the Council for Licensed Conveyancers and two-time winner of the British Conveyancing Awards 'Customer Service Champions' title.