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Is this classed as an illegal method of avoiding stamp duty?

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  • pararct
    pararct Posts: 777 Forumite
    Is your solicitor aware of these 'offers' for fixtures and fittings and the intention to defraud HMRC? If so they may refuse to be party to the transaction as it could possibly be their bottom on the line as well.

    Simply tell your vendor in light of legal advice you have received you are no longer willing to be party to such shenanigans and as such your offer is revised to £££. The vendor is not particulary switched on if he is trying to market his property just above the SDLT threshold.

    If they don't play ball then be prepared to walk away, never forget they need you more than you need them and don't let your heart rule your head is these matters ever again or you will get 'turned over'.
  • We tried to do this when we bought our house 2 years ago - but the seller wouldn't have any of it. Think he was a bit !!!!!! of though because we viewed it just after he reduced it by £25k, and then we knocked him down a bit more! It's worth asking though... Good luck!
  • Rednax
    Rednax Posts: 32 Forumite
    You're not allowed to do the fixtures & fittings anymore, but yes you can pay the estate agents fee legally. It is quite common, especially when there are multiple offers at the stamp duty threshold but no buyer willing to pay over.
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