Can my Solicitor act for my mortgage lender as well as me?

In the majority of cases we can act for both you and your mortgage lender. The exception to this is where we act for the buyer and seller or where your lender is a private or non high street lender and we are not on their panel of solicitors. Gardner Croft are on the majority of high street lenders panels and are also panel solicitors for some less popular and specialist lenders such as those specialising in buy to let properties only.

Again the Solicitors Regulation Authority and Law Society have strict rules in place to avoid what they call ‘conflicts of interest’ with lenders and clients. This tends to happen where a client may have not fully disclosed their personal circumstances to their lender and ask the solicitor not to disclose those. Common examples include where the lender is not aware you are borrowing money from a third party for the deposit or the deposit is being gifted to you by parents, grandparents etc or where you have been declared bankrupt. The solicitor is under an obligation to your lender to disclose to them anything which they feel may have impact on the lenders willingness to grant the loan and any request to withhold potentially relevant information will create a conflict of interest for the solicitor and they will have to cease to act for both you and the lender.