Solicitor error

Hello,

I had a call today from the solicitor that was hired to look after the convayency on a property my girlfriend and I purchased in December 2005. He advised me that he incorrectly processed the stamp duty at the rate applicable to first time buyers instead of the appropriate rate hence a shortfall on the amount of stamp remitted to the Revenue.

What frustrates me is that there were two distinct occassions when he asked and noted our status as non-FTB. Is this not the reason solicitors are hired to ensure that all aspects of the purchase are addressed accurately at the time?

Do I have any option but to accept his error and come up with the difference and make payment. Surely he cant be exempt of any responsibility on this.

Thanks for any feedback or suggestions you might have.

Annoying and all that it is the solicitor's error ultimately has no bearing on your liability for this tax as far as I can see. You should make a complaint in writing to the solicitor and eventually escalate it to the Law Society if necessary and you see fit to do this. However, other than perhaps getting them to subsume some of the cost as a gesture of goodwill/compensation for the invconvenience caused, I can't see what you can do. Ultimately there seem to be two separate issues here: (a) your problems with the service provided by the solicitor and (b) your SD liability. You can deal with the former through the normal complaints procedures. The latter must be discharged as it is your personal liability.

At the very least, you should make a complaint (in writing) to the firm in question and the Law Society.

I'm not sure if the solicitor's actions have any impact on your liability to Revenue-you still owe the stamp duty that would have been payable at the time regardless, but you really shouldn't be liable for any interest or penalties that arise as a result of the solicitor's incompetence.

I'm not sure if it is possible to take a case to the Small Claims Court if you suffer financially as a result of this error, and no compensation is forthcoming from the firm in question.

I'm sure that one of the solicitors who contribute will be able to give you a clearer picture of what are your rights/obligations in this case.

Post crossed with ClubMan's-and we appear to be saying pretty much the same thing.

I would imagine that on payment from the solicitor to the stamp duty office that it was they (the stamp duty office) who noticed the discrepancy and brought it to the attention of the solicitor. I dont see them giving a fine for late payment in this case. I would certainly make sure there are no fines incurred though. I know this is not what you want to hear but you did point out twice to the solicitor that you were not FTB status so you should have checked these details thoroughly yourself. While the onus is on the solicitor to get this stuff right its also on you to insure you deal with tax liability as well.

Thanks everybody for your contributions, much appreciated.