This case was dismissed under Section 5.7 (a) because it had no reasonable prospects of success...
Mrs B complained to the firm after they provided conveyancing services to help her purchase a second property. Mrs B’s complaint is that the firm did not advise her if she sold the house within 3 years that she could claim a refund of SDLT (because additional SDLT was payable due to it being a second property).
The firm told Ms B in their client care letter that they did not provide tax advice.
This complaint was dismissed under 5.7(a) which is where an Ombudsman does not consider a complaint has any reasonable prospects of success. In this case we would not expect a firm to provide tax advice, where they had stated they would not. Therefore this complaint had no reasonable prospects of success.
Guidance: Scheme Rules FAQ | Legal Ombudsman
