Welcome back! I took a break from writing this diary over the summer. The stress of work was becoming unbearable; the relentlessness, the pressure, the intensity, the stress of making sure that everything was done correctly and all rules were followed whilst keeping clients happy.
But I am back now! And where else would I start on this September morning but than to repeat my mantra – charge more!
If the Angela Rayner story has taught us all something, it is that we should be valued more. Perhaps this is the sliding doors moment when we all stand up for ourselves and say we are worth more and the public should be paying us more for the very difficult job we do. SLDT is complicated. And so many clients think that they can use the system for their benefit. Those who believe that because the wife has never owned a property before, they qualify for first time buyers’ relief; those who buy a property for investment purposes in their adult child’s name so as to avoid paying any SDLT only for the child to find at a later date when he or she comes to buy a home that they have to pay the surcharge.
We all know the stories and have all been asked these questions. It is so complicated and the best advice is always to seek specialist advice. I am sure many of us will now be changing our retainers and initial questionnaires. But it is past Governments who have made this a difficult area for lawyers. I remember as an articled clerk going to the local Stamp office with a Conveyance or Transfer deed and a cheque so the document could have fancy seals attached to it. When I see these old deeds now, I wonder at the seals on the top right hand corner. Now we have so many surcharges and reliefs that, at least to me, specialist tax advice should be recommended in unusual circumstances.
Perhaps now the public will see what a complicated area it is. And perhaps this can be used to show the true worth of solicitors. We can guide and point in the right direction on such matters, but will always be mindful of what we do and do not know. It is a tax matter . So clients think they should just ask accountants, but even accountants do not necessarily know. It has to be a specialist tax adviser and that will cost money. We all know that some clients want a cheap service; and hope to pay less stamp duty because they had a quick read of the rules and pray they don’t get caught.
This story has definitely got conveyancing into the news (not to mention the recent Panorama investigation into estate agency). We need to stand up, increase fees and show the public what a difficult job we do; not made any easier by regulations introduced by successive Governments.
This is written by a real high street conveyancer who wishes to remain anonymous. Read more in Today’s Conveyancer every week.


















One Response
What all Conveyancers/Solicitors need to look at immediately is:
a) Making sure the Terms of Business makes it clear that they do not provide SDLT/Tax Advice and a client is responsible for their returns and should seek ILA.
b) Make sure the Contract Report and Letter sending out documents for signing is update to reflect the above advice also.
c) Considering taking away charges for submitting SDLT returns.
Solicitors/Conveyancers now need to hunker down and place all responsibility and liability on the clients doorstep for this.