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New home buyers should not be forced to use a solicitor nominated by a house builder. In doing so, builders breach the requirements of the Consumer Code for house builders. Using a builder-specified solicitor casts doubt to the independence and integrity of the solicitor and which interest is being represented in the conveyancing transaction. If the solicitor is acting for both buyer and house builder, this is also likely to contravene the Solicitors Regulation Authority (SRA) Handbook rules regarding conflicts of interests.
It is therefore essential that all new home buyers use the services of a fully-independent solicitor who will act in their sole interest. House builders are not allowed to make it a compulsory condition, by restricting the homebuyers choice of legal representative. Any instances should be reported to the Office of Fair Trading.