Stamp Duty Dispute

[Teshy]

Hi Everyone,

Does anyone know anyone I could talk to to get a legal advice on disputing stamp duty charges with SRO or has anyone come across similar situation?

I purchased 3 brand new units off the plan from a developer on a single piece of land in Melbourne last year and settled early this year. SRO has treated this transaction as one transaction instead of 3 separate transactions for the purpose of stamp duty calculation on following basis.

I signed 3 contracts on the same day.
They were settled on the same day.
They were negotiated as one purchase - I dispute this part.

Amount in dispute is $11k in stamp duty.

Thanks in advance!

 

[Rolf Latham]

Sound alike a normal amalgamated transaction to me, which I believe all states have

Ta

Rolf

 

[Terry_w]

Well, that is the law. Look for "aggregation of stamp duty" in the duties act VIC.

Did you use a lawyer/conveyancer to purchase? They may have been negligent if they didn't advise you of this.

 

[Teshy]

Well, that is the law. Look for "aggregation of stamp duty" in the duties act VIC.

Did you use a lawyer/conveyancer to purchase? They may have been negligent if they didn't advise you of this.

Yes I did and they didn't advise me this for sure...This just adds to the list of why I'm not using the same conveyancer/lawyer again.

 

[Rolf Latham]

Yes I did and they didn't advise me this for sure...This just adds to the list of why I'm not using the same conveyancer/lawyer again.

As an aside. Would the amount of stamp duty have changed your purchase decision ?

Ta

Rolf

 

[Teshy]

As an aside. Would the amount of stamp duty have changed your purchase decision ?

Ta

Rolf

May be not but it would have helped me factor extra $11k in cash which I'll now have to come up with overnight.... lucky I've that buffer.

Also this just gives me another reason to learn about doing my own development rather than buying it off the plan in future.

 

[Terry_w]

Yes I did and they didn't advise me this for sure...This just adds to the list of why I'm not using the same conveyancer/lawyer again.

Well, consider that you may have to sue them. Keep that in mind with communications.

I would suggest you write to them and tell them what has happened and ask them what they will do about it.

 

[Rolf Latham]

May be not but it would have helped me factor extra $11k in cash which I'll now have to come up with overnight.... lucky I've that buffer.

Also this just gives me another reason to learn about doing my own development rather than buying it off the plan in future.

In most downsides there is a blessing......

That might be yours

Ta

Rolf