Solicitor, Stamp duty problem

here and there

I've a question someone may be able to help me with.

Someone I know bought a site and built a house near 10 years ago and now after all that time her Solicitor has made contact to say that she never paid the Stamp Duty on the sale of the Land.

As far as she is concerned she has paid it but can't find a receipt yet.

(1) Is there somewhere else that would have a record of her paying the duty?

Or what do you guys advise she shoud do?

beeftotheheels

here and there wrote: »

I've a question someone may be able to help me with.

Someone I know bought a site and built a house near 10 years ago and now after all that time her Solicitor has made contact to say that she never paid the Stamp Duty on the sale of the Land.

As far as she is concerned she has paid it but can't find a receipt yet.

(1) Is there somewhere else that would have a record of her paying the duty?

Or what do you guys advise she shoud do?

The clue should be in the name - look for the stamp! Where stamp duty was paid (or a relief claim is adjudicated) Revenue put a stamp on the document which required "stamping".

http://www.revenue.ie/en/tax/stamp-duty/index.html

Jo King

The stamp duty might have been paid to the solicitor. She might never have had the document stamped even though she was given the money to do. It should be established whether or not there was an undertaking given to any financial institution with regard to the stamping of the document. At all events a complaint should be made to the Law Society.

dats_right

Is the property registered in your friends name?

here and there

beeftotheheels wrote: »

The clue should be in the name - look for the stamp! Where stamp duty was paid (or a relief claim is adjudicated) Revenue put a stamp on the document which required "stamping".

http://www.revenue.ie/en/tax/stamp-duty/index.html

The Solicitor kept all the documents/paperwork, my friend thought this was the safest option. She wasn't expecting this a decade later.

Jo King wrote: »

It should be established whether or not there was an undertaking given to any financial institution with regard to the stamping of the document. At all events a complaint should be made to the Law Society.

She paid most of the smaller bills at the time with cash so there won't be a banking record of the payment. She is looking at the Law Society as an option alright, didn't want to have to go down that route though.

dats_right wrote: »

Is the property registered in your friends name?

It is!

Does that help her?

Excuse my lack of knowledge on the subject.

Milk & Honey

Did she get a mortgage when purchasing?

here and there

Milk & Honey wrote: »

Did she get a mortgage when purchasing?

No

dermot_sheehan

I'd be concerned the deed wasn't properly registered in the registry of deeds or deposited in the land registry.
The land registry could have marked any proposed dealing with the land as abandoned at this stage.

If the vendor of the land was to get a judgement mortgage registered against them or adjudicated bankrupt, you may have to go to court to prove your ownership of the land.

Since you are in possession of the land, if the vendor attempted to fraudulently convey the land to a second purchaser who purchases it, they would have constructive notice of your occupation.