Wednesday, 23 November 2011

The Partnership Newsletter - November 2011

"There's something here that doesn't quite add up"

The great Quincy (MD) would no doubt be a little surprised to see himself quoted in a property newsletter. Its because we're very confused. In our experience agents always ask for the name of the solicitor to give to their clients, clients only recommend individual solicitors to friends, and clients always want to speak directly to that particular person. Therefore, as its clearly the personal approach that most clients want, why are lawyers worrying about large "nameless" firms taking business from them? We are gaining market share by simply communicating regularly with agents and clients, offering full availability and co-operation and the results have been very encouraging. It appears that its simply a case of "going back to basics" - now where have we heard THAT before?

Stamp Duty Land Tax Mitigation - more difficulties for tax avoiders
The BBC has highlighted how Revenue & Customs are taking a more robust line when it comes to home buyers using Stamp Duty Land Tax (SDLT) mitigation schemes to reduce the amount of tax they have to pay. Revenue and Customs are also following up on their commitment to pursue people who have avoided this tax - there are now reports of clients receiving letters from them questioning the amount of tax paid on transactions from several years ago. Lenders are refusing to provide mortgages to people that are using these schemes and it is expected that their number will grow.

Recent case highlights potential problems for unmarried couples
A recent case case has highlighted the problems that can arise when unmarried couples that have bought property together, separate. Patricia Jones and Leonard Kernott, an unmarried couple, had bought a property together but following their separation, Mr Kernott had tried to claim 50% of the share of the value of the property. The court ruled that this was not the case and reinstated the original judgement giving Mr Kernott only 10%. This underlines the importance for unmarried couples to organise both a Will and also a Declaration of Trust when buying together, and all buyers should be aware of the risks of not organising these.

7 Days a week availability
Agents tell us that one of their biggest frustrations is not being able to speak to solicitors out of hours, particularly Saturdays. That's why we now offer 7 days per week telephone availability for agents. This is proving very popular where clients are looking to make a purchase and want to have a quote and paperwork organised immediately. Please email us for contact information.