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Stamp Duty Legal Challenge

  • 05-06-2007 12:29pm
    #1
    Fatty
    Registered Users Posts: 21 ✭


    Hi,

    I bought a place in Jan 07. As a first time buyer myself and my partner paid 32K Stamp Duty!! We bought on the basis of a statement by the minister of finance stating that there would be absolutely no change in stamp duty policy

    Then Whad'Ya Know? ..weeks later there is a total change in stamp duty policy!!! thats basically done us out of 32K

    I'm considering a legal challenge against the government over this action.
    anyone in a similar position???

    Cheers

    Fats


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Without going into the merits of such a challenge (which would be against the forum charter, and in any case that's not what you're asking), was there not also talk about any proposed reforms being backdated?

    Also, you might get a better reception for this in the Housing and Accomodation or in the Politics fora.


  • #3
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    Whilst, I can understand your frustration and annoyance at what has happened to you, I sincerely think that you would be throwing good money after bad if you were to mount some sort of legal challenge, as your chances of succeeding are somewhat remote in my opinion.

    I suppose however, that there is no harm in talking to your solicitor who will advise you further and will probably advise you to obtain Senior Counsel's opinion on whether you have any viable grounds for challenge.

    AFAIK, Stamp Duty reform will be back-dated from the 30th April.


  • #4
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    I am curious as to the basis of this putative legal challenge. Is it contract? tort? legitimate expectation? ultra vires?. It will be interesting if it ever gets going.


  • #5
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    Yes, the exemption to first time buyers is been backdated to April 30th.
    I know this as a girl in work bought a house in May with her friend and they were FTBs.

    She claims she will get 27,000 back in reclaimed stamp duty. We were all getting hassled to vote FF back into power by her since the announcment was made.

    Sorry, I don't think you have a case OP.

    Edit: corrected month


  • #6
    Fatty
    Registered Users Posts: 21 ✭Fatty


    Hi,

    Thanks for your replys. I was just throwing it out there as an elected TD suggested that I might have a case to fight,

    F.


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  • #7
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Fatty wrote:
    an elected TD suggested that I might have a case to fight,

    You mean he told you exactly what you want to hear (in a vague, non committal way). I imagine this particular TD is from a party which is certain not to get into power with FF.


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