Q&A The Independent Property, Your Questions Answered

Q I recently bought a property in a stamp duty-exempt part of south London, but my solicitor paid the tax with my money. He is blaming the tax office, and says he cannot refund me the money until he gets it back from them. I have been waiting for over six weeks and feel I should get interest. Am I entitled to any?
T James, by e-mail

AThe stamp duty office says that any tax that is overpaid and held for over a month should qualify for a refund with interest. It would also usually be refunded to the named taxpayer, in this case you, not your solicitor. It sounds as if you may have a case of negligence against your solicitor. You could contact the Law Society on 020-7242 1222 for advice and telephone the Stamp Duty helpline on 0845 6030135 during office hours to see if they can shed light on the progress of your claim. Stamp duty-exempt areas can be checked on www.inlandrevenue.gov.uk.

Q I'm trying to buy a flat but am amazed at the lack of information on agents' details. What are the most important things I should know before making an offer?
M Gardener, by e-mail

AYou should have confirmation of the length of the lease or details of a shared freehold if this has been bought by the other owners. You would probably find it easier to get a mortgage on a lease of more than 85 years. An agent should tell you what the ground rent is and have details of service charges and insurance and how this is divided between the flats. You should also ask if any maintenance work has been paid for and not yet carried out or if any repairs are in the pipeline, for which you would be liable. If there is access to a garden you should know who is responsible for its upkeep. This applies to parking spaces and the common areas, too.

Q An estate agent has advertised a property as "cash buyers only". What exactly is a cash buyer?
Kay Grady, by e-mail

AA cash buyer is someone like a developer who has the funds to make a purchase without having to get a mortgage. This property could well have structural problems for which a mortgage would not be granted. Someone who does not have to sell a property to buy another is also sometimes called a cash buyer if they still have to get a mortgage. In theory, a purchaser who does not have to raise finance could proceed with the sale more quickly.

If you would like a query answered on buying or selling a property, e-mail: propertyq&a@independent.co.uk. Only those questions featured will be answered. Any advice given will not be legally binding