Can my conveyancer give independent legal advice?

Why independence matters

The point of independent legal advice is that someone looks after your interests only. If you’re guaranteeing a loan, charging your home or giving up occupation rights, your interests may be different from the borrower’s. The borrower wants the deal to complete. You need to understand the risk to you, and to feel free to say no.

A solicitor who is also acting for the borrower, or for the lender, can’t give that advice without a conflict.

Who your conveyancer acts for

In a typical purchase or remortgage, the conveyancer acts for the buyer or borrower, and often for the lender too. That’s normal for the property side. But it means they generally can’t advise:

• a parent who is a joint borrower but not an owner
• an occupier who must sign a consent form
• a family member giving a gifted deposit, where the lender requires advice
• a guarantor or third-party chargor

Same firm, different solicitor?

Some lenders accept advice from a different solicitor at the same firm, provided there’s no conflict. Many don’t, and insist on a solicitor from a separate firm. The lender’s instructions to the conveyancer, or the ILA certificate template, usually say which. If in doubt, use a separate firm: a rejected certificate can delay completion.

What about the borrower’s own advice?

Borrowers usually get advice from their own conveyancer or solicitor, and that’s fine. The independence requirement applies to the person supporting the borrower: the guarantor, chargor, occupier or joint borrower.

How a separate ILA solicitor works with your conveyancer

1. The conveyancer or broker sends the documents and certificate template to the ILA solicitor, or you forward them.
2. The ILA solicitor advises you privately and arranges signing.
3. The signed certificate and documents go back to the conveyancer or lender.

It adds a step, but it can usually be done the same day. See how it works.