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Residential properties and SDLT: practical issues

Andrew Marr (Forbes Dawson) focuses on the various reasons why the initial ‘worst case scenario’ SDLT calculation may not be correct.

Purchasers of residential property will often fail to seek quality SDLT advice. The vast majority of purchasers will simply pay the SDLT that their conveyancer ‘instructs’ them to pay. This is strange because most conveyancers would claim that they do not provide SDLT advice. Typical wording in a conveyancer’s engagement letter is as follows:

‘The SDLT return is a complex document and we must have all the information necessary to complete the return and have it signed or approved by you in advance of exchange of contracts. It is your responsibility to provide the correct information to be inserted into the return.’

Usually therefore a conveyancer will complete the SDLT return based on input from a client who knows very little about SDLT. Conveyancers should be...

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