Q: Solictor has a gross mistake, we are still able to complete without the solictor recieveing payment of stamp duty? We complete on January 12, 977,503,977,503 Even when the day has actually done completion?

As always Thanks in advance

---

A:Did you get sorted in the end ? Hope it went well….

It all went well thanks,
we completed yesterday, and it feels great..

Thanks to everyone for their advice

---

A:Did you get sorted in the end ? Hope it went well….

---

A:So what's the gross error by the solicitor ? From what you posted, I am presuming it's a simple issue of they forgot to issue a completion statement – by the same token, did they tell you over the phone how much stamp duty to send them (most sols are very slow at dishing out completion statements). In any event, if you show you have an irrevocable payment instruction from your account to your solicitor's client account, they should be fine with that (and you have the money there to do it). I don't mean this the wrong way, but why cut it so fine with the money movements – the ￡1.20 a day gross interest on ￡8,700 is hardly worth the stress, is it ?

As for stamp duty, almost all conveyancers will want it at closing, so they can be sure it will come through in time – you can imagine the large numbers of people that post-closing, will say, "Oh, I won't bother", "the cheque's in the post", possession is 9 10ths of the law etc.

Understand what u are sayin he said it was ￡2,500 before thats all, i dont wanna have a "im a right your wrong debate over this" as this has been sorted with the solictor now, they have agreed for me to pay half on completion and the rest next week.. Just wanted to know if i could pay SD after but solcitor said it usually is at their "discretion" and his happy to accept half and the rest next week, his happy im happy – everyones happy .Thanks for your replies

---

A:So what's the gross error by the solicitor ? From what you posted, I am presuming it's a simple issue of they forgot to issue a completion statement – by the same token, did they tell you over the phone how much stamp duty to send them (most sols are very slow at dishing out completion statements). In any event, if you show you have an irrevocable payment instruction from your account to your solicitor's client account, they should be fine with that (and you have the money there to do it). I don't mean this the wrong way, but why cut it so fine with the money movements – the ￡1.20 a day gross interest on ￡8,700 is hardly worth the stress, is it ?

As for stamp duty, almost all conveyancers will want it at closing, so they can be sure it will come through in time – you can imagine the large numbers of people that post-closing, will say, "Oh, I won't bother", "the cheque's in the post", possession is 9 10ths of the law etc.

---

A:Thanks,
Am confused now lol..Im gonna pop in to see solcitor at some point to discuss this, I would prefer to pay this after completion TBH (around £8,700 ish) the rest of the money is with them…Just a little stuck on this one..If this isnt paid can they stop completion from goin ahead on friday? The money i want to use for this doesnt clear till Tuesday

Thanks again

---

A:Silvercar, I don't disagree with you as I certainly don't really know the right answer to this one – you could be correct – and as you say the solicitors could earmark their fees they already hold for the stamp duty to comply with mortgagee's requirements -and use the balance paid in later for their fees. Probably a good way round it.

I hope it all works out ok for the OP.

---

A:As a case in point, I know the buyers of one of the houses, that was in my chain when I moved in July, had a retention on their sale of £1,200. This money was part of their stamp duty money as their solicitor was very anxious that it be replaced a couple weeks after completion. I know of friends who have only paid the stamp duty after completion.

(Maybe technically the solicitor's fees could be earmarked for the stamp duty at completion?)

Think we'll have to agree to disagree on this one.

---

A:Plenty people on here have done their own stamp duty forms, some online solicitors quote separately for doing this.

You can certainly fill in the forms yourself to save money (tedious but cost effective if you have all info to hand) as solicitors do often charge extra for this (up to £50 plus VAT!!!) just to fill in a form.

However, if the OP is buying with a mortgage the solicitor is required to undertake not to pay over the purchase monies on completion unless he has sufficient funds to complete the purchase which includes registering it at the Land Registry and paying the stamp duty.

---

A:Plenty people on here have done their own stamp duty forms, some online solicitors quote separately for doing this.

---

A:Quote:
Quote:
Originally Posted by guy
you can always tell the solicitor you will do the stamp duty submission yourself.

Will the solictor allow me to do this, As they seem to want to complete the stamp duty transaction themselves…

If you are purchasing with a mortgage your solicitor is required to hold all the funds at completion – including stamp duty – as per this extract from the CML Lenders Handbook below :

"10.3 You are only authorised to release the loan when you hold sufficient funds to complete the purchase of the property and pay all stamp duties and registration fees to perfect the security as a first legal mortgage or, if you do not have them, you accept responsibility to pay them yourself. You must hold the loan on trust for us until completion. If completion is delayed, you must return it to us when and how we tell you (see part 2)."

(these are the instructions to solicitors but there are some lenders who do not subscribe to the CML (council of mortgage lenders) – it really does depend on your circumstances so you must speak to your solicitor

---

A:you can always tell the solicitor you will do the stamp duty submission yourself.

Will the solictor allow me to do this, As they seem to want to complete the stamp duty transaction themselves…

---

A:Solicitors usually submit stamp duty fee to Inland Revenue on day of completion to avoid penalties. When the stamp duty certificate is duly received back from Inland Revenue it has to be sent to Land Registry. Without the certificate, the Land Registry will not register the property in your name.

Before completion solicitors usually require payment of all monies to complete the purchase, including the stamp duty. You will need to discuss with your solicitors to see if they will allow you to pay it a few days later – this will depend on their practice and possible Law Society Rules.

Time of completion varies – money has to be passed up the chain as each purchase completes. If it is a short chain you could be lucky and complete by mid to late morning but if a longer chain below you, you could be waiting into later in the afternoon

Best of luck! :

---

A:you can always tell the solicitor you will do the stamp duty submission yourself.

---

A:The solictor has not provided me with a completion statement but stil wants me to transfer the money to there account ready for friday for completion,

they currently hold our deposit and legal fees but on top of this he also
wants stamp duty to complete, I have mentioned that i can pay next tuesday but this has fallen on deaf ears is there any way around this?

Thanks

---

A:You've got 30 days to get the paperwork / money in if your purchase attracts SDLT (as quote from HMRC) :-

A land transaction return should be delivered within 30 days of the effective date of the transaction (the filing date). The effective date is normally the completion date of the transaction, whether or not a document shows this.

There's been other threads on 'completion times' … but it seems to vary between 1000ish .. to early afternoon.

---

A:Stamp duty has to be paid within 28 days of completion. So you can leave it till well after you've moved in. Most solicitor's do like to tie up lose ends and close your file soon after completion.

---

Related posts

• What should we do? (0)
• The lawyer just keeps asking for money all the time [solictor] [upo] (0)
• The accounts for the share-owning public information? [solictor] [sinking fund] (0)
• solictors in Edinburgh, anyone help [solictor] [solictors] (0)
• Solicitor holding in everyone! [solictor] [solicitor] (0)