Stamp duty refund - reversal of sale

zipee

Registered User
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16
Unusual circumstance here. I bought a house before Christmas. I specifically asked through my solicitor, prior to buying, if the house had ever flooded. I was told via vendors solicitor in writing that property never flooded since its construction. Anyway I bought the house & within 2 weeks I realised it had flooded & this was confirmed by neighbours, etc. I eventually found concrete proof of this. It all went back to the solicitors. Fast forward 6 months & finally vendor has agreed to refund me my money & sale will be reversed.



Now my query is the €2800 stamp duty I paid. Do I have any hope of a refund? I am going to buy another house where stamp duty will be more. Would the revenue let me offset the new stamp duty? Or will I have to pay new stamp duty on top of old. I never moved into the house that flooded as it was completely damp & I have a child with asthma. It wasn't habitable as far as I Am concerned.


I really can't afford to lose this money. My solicitor doesn't think I will get it back & will be charging me if he tries to get it back (so losing more money!!).


Any advice welcome! ThAnks
 
I don't know if you will get the stamp duty back from the Revenue, so should you not be pursuing it and your legal costs as well from the seller?
 
I'd have thought you had a solid case against the vendor for all additional expenses you incurred with the purchase.

I'm assuming that the vendor's solicitor issued the letter stating the property had never flooded based on information supplied by the vendor. The vendor must be very close to the line in terms of a prosecution for fraud/misrepresentation.
 
Hmmm ... is the sale being reversed ie the contract terms weren't followed through upon, or was another sale effected from you back to him?

If the latter, wouldn't a second amount of stamp duty be payable to Revenue by the other side?

(Not my area)
 
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