The Council of Mortgage Lenders (CML) has voiced its opposition to a proposal in Scotland that would make it mandatory for lenders and borrowers to be represented by different solicitors.

In the vast majority of cases joint representation is more efficient and more clearly in the consumer interest, according to the CML.

The proposal, which has been made by the Law Society of Scotland (LSS), would mean the same solicitor cannot act for both parties in the same transaction.

LSS members will be voting in September on a potential rule change that would usher in the move and which the CML believes carries a risk of adversely affecting the residential property market.

In effect the CML argues the move would be tantamount to throwing out the baby with the bathwater and it also points out a conclusion is still pending from a separate review of conveyancing issues and practice currently being undertaken by the LSS.

The CML believes the current LSS rules are appropriate as they stand, as it states that they already provide for separate representation in the minority of cases where this is required, such as when there may be a conflict of interest.

If the changes were to go ahead then they could lead to delays in residential property transactions as a result of work being unnecessarily duplicated, according to the CML.

And the mortgage body also hits out at the consultation document for what it says is a misrepresentation of its views, saying it has never been of the opinion to back the rule change.

While it opposes the proposed change, the CML says that if it is voted in then there should be a phased implementation period of at least 12 months to minimise any negative impact on the housing and mortgage industries.

"We urge the Law Society of Scotland to think again," said CML director-general Paul Smee.

He added: "We continue to invite constructive engagement with the LSS to review and, if necessary, refine the Lender's Handbook to ensure that both lender and borrower clients' interests are properly protected."

If you are interested in buying or selling property in Scotland, contact one of our offices: Banchory, Edinburgh or Inverness.