Stamp duty paid in error by solicitor?
I bought a house for £85k in 2002 and the solicitor billed me £850 (1%) for stamp duty.
I found out last week the property is in a stamp duty exempt area.
The land registry said I cannot reclaim the money from them because I am time barred (2 years).
How can I get my money back?
Should I first ask the solicitor?
Is the solicitor negligent?
Can I claim on his professional indemnity insurance?
Can I do anything?
Help!
Answers:
Start with a polite letter to your solicitor. It is probable that the stamp duty was never actually paid by his firm and an inexperienced member of his billing department automatically added this to your account. You are entitled to assume that your solicitor in aware of stamp duty rates and if he has erroneously paid this, he must reimburse you. Unless there are some peculiar circumstances (eg associated transactions) that have made this transaction liable to stamp duty, your solicitor is obliged to make a refund. If he refuses, try a letter to the law society. Under no circumstances part with your original invoice - it may be your only proof that the £850 was stamp duty rather than fees.
You need to seek proper advice from either the CAB or a solicitor i think.
Several questions spring to mind.
1) Was the solicitor aware that the property was exempt. (If he was then he acted negligently if he was not he acted in good faith)
2) Are there any legal time scales in which you have to claim.
3) Can you prove that your property was exempt
I'm not sure if you can take action against the solicitor as we do not know the circumstances of him charging the stamp duty.
Good Luck.
If you are 100% sure that they have paid the stamp duty in error you can write to the Law society and put your complain through them. They will be able to help you.
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I found out last week the property is in a stamp duty exempt area.
The land registry said I cannot reclaim the money from them because I am time barred (2 years).
How can I get my money back?
Should I first ask the solicitor?
Is the solicitor negligent?
Can I claim on his professional indemnity insurance?
Can I do anything?
Help!
Answers:
Start with a polite letter to your solicitor. It is probable that the stamp duty was never actually paid by his firm and an inexperienced member of his billing department automatically added this to your account. You are entitled to assume that your solicitor in aware of stamp duty rates and if he has erroneously paid this, he must reimburse you. Unless there are some peculiar circumstances (eg associated transactions) that have made this transaction liable to stamp duty, your solicitor is obliged to make a refund. If he refuses, try a letter to the law society. Under no circumstances part with your original invoice - it may be your only proof that the £850 was stamp duty rather than fees.
You need to seek proper advice from either the CAB or a solicitor i think.
Several questions spring to mind.
1) Was the solicitor aware that the property was exempt. (If he was then he acted negligently if he was not he acted in good faith)
2) Are there any legal time scales in which you have to claim.
3) Can you prove that your property was exempt
I'm not sure if you can take action against the solicitor as we do not know the circumstances of him charging the stamp duty.
Good Luck.
If you are 100% sure that they have paid the stamp duty in error you can write to the Law society and put your complain through them. They will be able to help you.
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