Stamp Duty payment-solicitor has not requested one year later

CorkHombre

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A friend of mine bought a secondhand house last year. The Solicitor has not asked for payment yet, after about 2 months he rang and the Solicitor and the Solicitor said they were working through a backlog & would send out the bill asap... but he has not recieved anything yet (now it is almost a year later). My friend has now stuck the money in a deposit account until the Solicitor comes looking for it. It includes 30K stamp duty, he was wondering could he get he hit with interest and penalties from the Revenue Commission or is would it be an "acceptable excuse" that he was waiting on the Solicitor to send the bill
 
Not good enough (on the part of the solicitor) I would have thought. Demand that your affairs are dealt with as soon as possible or you will contact the Law Society to make an official complaint. Also, call the Revenue to see what they have to say (get it from them in writing).
 
Could this mean also that the property is not properly registered aswell? ... and what are the implications of that?
 
CorkHombre said:
Could this mean also that the property is not properly registered aswell? ... and what are the implications of that?
It could (I presume you mean Registry of Lands/Deeds)-but registration is usually a drawn out process anyway, and could take up to a year in most cases AFAIK.

The impications-I'm not sure, but you need to have the property registered in your name before you can sell it on (I think).

But you should certainly ensure that the stamp duty and final billing situation is sorted out as soon as possible.
 
Its not acceptable. The stamp duty is payable by the client but the Solicitor should be dealing with it. If the client is hit for penalties and interest then it is entirely arguable that the solicitor should pay any such penalties. Mind you since the client patently knows that the stamp duty had not been paid, he has an obligation to deal with the problem now and its not good enough to say I'm going to sit back and wait for solicitor.

I would kick up a mighty stink and I would actually now report to the Law Society. I have recently taken over some files from a solicitor who got himself into a right pickle but he had files going back 4 years where deeds had not been stamped and CCOVICH is right, the deed cannot be registered without being stamped. While that might not seem too bad, if and when he wants to sell in a hurry, he has a nice little problem that will foul everything up.

I don't know if this was a low cost deal but I suspect/find that low cost work does often result in low level service. The above case seems to revolve around a solicitor who let himself be swamped with high volume/low fee work -that was his decision - can't argue with that but the work can be painfully tedious and its hard to get motivated for peanuts. I know, I know, if solicitors will do it, whats the hard pressed consumer to do?

mf
 
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