SDLT

jenl999

Hello - some advice needed. The SDLT holiday is almost over. We’re going to miss the deadline by a couple of days due to the seller’s solicitor being v slow at getting paperwork back. Our own solicitor has said they found them the opposite of helpful and quick. Despite chasing for weeks, we only got the critical info last week, and that has resulted in our mortgage lender requesting a re-valuation. Can we claim any of the SDLT back from anyone who has put us in this position or is it back to the seller with a reduced offer. We could have all been in our new houses by now 😩

Irishpearce26

Nope, nadda, no chance. Unless you call their bluff and ask for a price reduction or you pull out. When did you make an offer?

jenl999

10th March…! It’s the fault of the solicitor for not highlighting the issues up front, and certainly then for holding up actually getting the paperwork . I’m clutching at straws I realise, but just wondering if there’s another route to recovering our list money?!

user1977

jenl999 said:

10th March…! It’s the fault of the solicitor for not highlighting the issues up front, and certainly then for holding up actually getting the paperwork . I’m clutching at straws I realise, but just wondering if there’s another route to recovering our list money?!

Absolutely none. No contract, nobody's liable for anything. It could all fall apart for 1001 reasons.

Scotbot

jenl999 said:

10th March…! It’s the fault of the solicitor for not highlighting the issues up front, and certainly then for holding up actually getting the paperwork . I’m clutching at straws I realise, but just wondering if there’s another route to recovering our list money?!

No. The holiday was announced in July 2020 scheduled to end in March 2021. It was then extended to Jun to help out people in the conveyancing process who had encountered delays. 10th March was never going to meet a March 31st deadline and given the average time pre covid was 13 weeks Jun 30th was ambitious. 

jenl999

I understand, but it could have been possible. They took 3-4 weeks to get the paperwork back despite repeated attempts from our solicitor giving exact details of what was needed, now we’re going to miss by 2-3 days only, the point is, it could have been done. Everyone was comfortable with the timescale at the start… 

Irishpearce26

Even in non covid, non SDLT times your expectations are pretty unrealistic. It takes around 3 months on a sale that is straightforward. Also you haven't lost money this is money you pay. There is no way to recover the SDLT you will need to pay.

ele_91

10th March really isn’t that long ago, we started in October and we are going to miss it. There are all sorts of unexpected and unknowns that can cause a delay. I would also be careful throwing accusations around at your sellers solicitor, it could just as easily be your own that’s holding it up... your solicitor is hardly going to blame themselves!

Scotbot

jenl999 said:

I understand, but it could have been possible. They took 3-4 weeks to get the paperwork back despite repeated attempts from our solicitor giving exact details of what was needed, now we’re going to miss by 2-3 days only, the point is, it could have been done. Everyone was comfortable with the timescale at the start… 

You are not their only client, they will be prioritising people who started earlier. Perhaps an unexpected issue with another client caused the delay or perhaps a staff member was ill or maybe someone resigned. Perhaps someone  commissioned them after you but offered to pay double if a June completion was met. Who knows but a delay of 2 to 3 days is minimal so the timeline they gave you has basically been met and they never guaranteed you a completion date. It is annoying but they don't owe you anything. 

ic

There's still a discount on standard rates if you complete before October, just not as much as there is right now.

Slithery

Unless you offered last year you were never going to make the deadline. The SDLT should have already been accounted for in your budget.