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Solicitors Fees - SDLT

gam1985
gam1985 Posts: 1 Newbie
in House buying, renting & selling
Hi there,
We are getting very close to exchanging contracts but our solicitor is trying to charge us a SDLT fee - with the new rules, there is not Stamp Duty to be paid on our purchase. I did question the charge with our solicitor but was told that they still had to make an application and that was what the charge is for! Feel like I'm being taken for a mug!?!

Comments

  • Tom99
    Tom99 Posts: 5,371 Forumite
    First Post First Anniversary
    The fee is for making the return, any stamp duty would have been extra you are not being taken for a mug.
  • kingstreet
    kingstreet Posts: 38,752 Forumite
    First Anniversary Name Dropper Photogenic First Post
    If you chose a solicitor which charges to complete the SDLT return (see your original cost/fee illustration) then yes, they can charge you for submitting a nil return.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • the_quick
    the_quick Posts: 75 Forumite
    First Post First Anniversary Combo Breaker
    edited 20 March 2018 at 2:48PM
    I guess they still need to fill an online form for exemption, but that should be cheap. My solicitor will charge us £8.40 for it. I recon it should be no more than that. Before you chose you solicitor did you ask them for a quote?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    the_quick wrote: »
    I guess they still need to fill an online form for exemption, but that should be cheap.
    It's the same return whether or not any SDLT is actually payable. Not really any less work.
  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    First Anniversary First Post Combo Breaker
    I think the work should be included in the overall fee, because most people don't understand that such "extras" could be payable.

    However, it is undoubtedly true that there is a form to complete which is actually quite complicated.

    The problem is that looked at quickly most of the answers are obvious and you might think it should be easy to complete - but that isn't the case - there are lots of unlikely situations where tax could be chargeable and a solicitor has to check that these things don't apply. Usually, they do this by sending a long explanatory note setting out all the matters such as related transactions where tax could be payable and getting the client to sign and return the note to confirm that none apply.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Flat_Eric
    Flat_Eric Posts: 4,060 Forumite
    First Anniversary First Post
    I'm not sure how many questions are on the stamp duty form but depending on the circumstances when printed it will be between 7 and 10 pages. If you qualify for first time buyers stamp duty relief then your solicitor still needs to do the form as you still need the sdlt5 certificate to submit with your application to the Land Registry.
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