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Solicitor price error on deeds What action can I take

Posted: Wed Jun 2, 2021 12:23am
5 replies60 views4 members subscribed
lou51

Posts: 3

Location: Lagoa

Joined: 31 May 2021

My solicitor based in Lagoa entered the wrong amount on my deeds in 2010 when I bought out my brothers share. This was only noticed when I sold and bought another property resulting in a huge capitol tax gain when there should have been nil to pay. She us refusing to see me or accept any liability. Any suggestions of actions I can take to get a refund from the tax authorities as well as reporting her to her professional body for negligence. 

Jazz

Posted: Wed Jun 2, 2021 9:27pm

Posts: 133

14 helpful points

Location: Lagos

Joined: 29 Sep 2020

Posted: Wed Jun 2, 2021 9:27pm

Looks to me that more and more non-Portuguese people are considering buying property in Portugal. However, as many of such people also know, Portugal is a very bureaucratic, hugely red tape country. Can anyone point to a solicitor or whoever who might be able to enlighten and answer such queries e.g. stamp duty, property tax. taxes on death, horse-trading with auctioneers etc? 

mbdavies

Posted: Sun Jun 6, 2021 6:52pm

Posts: 8

2 helpful points

Location: Tavira

Joined: 16 May 2021

Posted: Sun Jun 6, 2021 6:52pm

Just wondered if there was furniture included in the overall price as I understand it is common to make an inflated charge for that situation. 

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lou51

Posted: Sun Jun 6, 2021 8:46pm

lou51

Original Poster

Posts: 3

Location: Lagoa

Joined: 31 May 2021

Posted: Sun Jun 6, 2021 8:46pm

mbdavies wrote on Sun Jun 6, 2021 6:52pm:

Just wondered if there was furniture included in the overall price as I understand it is common to make an inflated charge for that situation. 

Thanks for taking the time to  reply. I understand what you are saying but the furniture had already been factored in. 

The property was bought for 140k but the sum of 70 k was entered on the deeds so when I sold st 265 k I had a huge cgt due to the 70 k being the price the solicitor had put on the deeds she doesn’t want to know and has refused to see me so I need to know the process to claim professional negligence against her. Any thoughts?? Louise 

mbdavies

Posted: Sun Jun 6, 2021 8:59pm

Posts: 8

2 helpful points

Location: Tavira

Joined: 16 May 2021

Posted: Sun Jun 6, 2021 8:59pm

lou51 wrote on Sun Jun 6, 2021 8:46pm:

Thanks for taking the time to  reply. I understand what you are saying but the furniture had already been factored in. 

The property was bought for 140k but the sum of 70 k was entered on the deeds so when I sold st 265 k I had a huge cgt due to the 70 k being the price the solicitor had put on the deeds she doesn’t want to know and has refused to see me so I need to know the process to claim professional neglig...

...ence against her. Any thoughts?? Louise 

Perhaps engage another lawyer to fight your case.  I am guessing you can prove the transfer of funds to the seller? 

aspidistra

Posted: Sun Sep 26, 2021 11:34am

Posts: 82

14 helpful points

Location: Silves

Joined: 8 Aug 2021

Posted: Sun Sep 26, 2021 11:34am

I'm not sure you can do anything about that, I'm afraid. In that, you must have been given a copy of this with the breakdown of the payment at the time and presumably if you agreed to it any signed your agreement, that is final. I may be wrong, no harm in asking a second solicitor for their opinion but it does seem to me quite common to break the payment down so the capital gains tax is less for the person selling. So it may have been intentional, not an error. 

So if I am understanding this right, it may be your brother you need to discuss this with, because he would have underpaid capital gains tax on the share he sold to you because of the way the money was categorised? Apologies if I have got this all wrong.

if you do go to see another solicitor I would advise being very polite about it all and certainly not accusing your previous solicitor of negligence, just ask for advice. Because in my opinion a lawyer is unlikely to want to deal with a case that might be against one of their colleagues.

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