Join our Team

RESIDENTIAL CONVEYANCING SOLICITOR

Morgans are seeking a Conveyancing Solicitor to join our Kinross office.

The ideal candidate will have a minimum of 3 years PQE with a background in residential conveyancing.

Successful candidates will be interested in business development and will manage their own caseload of conveyancing transactions from inception through to completion assisted by our friendly and supportive team. High levels of self-organisation, excellent interpersonal skills and attention to client care are essential for this role.

A competitive salary commensurate with experience is offered together with a flexible working environment and a performance bonus.

Please apply by email attaching a copy of your CV, with an indication of your current salary to nicolasneddon@morganlaw.co.uk or in writing to Nicola Sneddon, HR Manager, Morgans, 33 East Port, Dunfermline, Fife, KY12 7JE.

Why shouldn’t I accept the highest offer?

In a busy property market, closing dates are routinely fixed. On the closing date, there are usually a number of offers received for each property. We will go through each of these offers with you. When we do that, one of the questions we’re frequently asked is “Why shouldn’t I accept the highest offer?”

There isn’t one “right answer” to that question. However, it is not always the case that the highest offer is actually the best one. The highest offer means nothing if your sale falls through!

When we receive offers for clients we will review all the terms of the offer. Of course, the price, date of entry and extras included in the sale are important to you. However the offer will contain a number of other clauses. Some of which relate to the title, searches, local authority planning positions and the like. These are general and expected conveyancing type clauses.

In addition, we will check all of the clauses in the offer. Thereafter, we will advise you on which ones might cause the sale to fall through.

What things might persuade you not to accept the highest offer?

For instance, if the buyer’s offer is “subject to satisfactory mortgage funding”, then that could be extremely risky. If the buyer’s mortgage application is rejected, they can pull out because they didn’t get a mortgage offer. Even if they did receive a mortgage offer, the loan might not be sufficient to allow them to buy the house. In either case, the option to withdraw from the contract lies with the buyer. If you accept this clause there is nothing you can do if the buyer pulls out.

Cash buyer is almost always preferred to a buyer who needs a mortgage – even if the price offered is not as high. In fact, having a cash buyer might be the very thing that persuades you not to accept the highest offer!

On other occasions, the offer might contain a clause saying the offer is subject to the buyer selling their own house. Again, there is risk attached to that because if the buyer cannot sell their own house, they will not be able to buy your house.

If all of the offers you receive have a “subject to sale” clause in them, we will enquire about the state of play in those sales and advise you of this. The location of the buyer’s property will also play a part in your decision-making. If the preferred buyer, who has submitted the highest offer, has a house in in an area that sells quickly, then it may be safer to accept that offer than an offer from another buyer whose house is in a less desirable and slower moving area. It is only with this information that you will be able to make a valued judgement.

Timing could be everything!

You will also need to consider the timing of the move. Whilst you might be attracted by the highest offer, if the buyer is looking for a very quick date of entry, you might not be able to accommodate that. Alternatively, the buyer might be looking for a long date of entry. That might not suit you because you might have an early date of entry for the property you are buying.

We will guide you through the pros and cons of each offer, but these are the sort of factors we are likely to discuss with you to help you make your decision.

It is always great to have a choice from a number of offers. However, in the final analysis, whilst you may well want to accept the highest offer, it is not always the highest offer that wins!

If you would like to discuss the sale or purchase of your house, please get in touch with us.

If you like this article, you might also like:

Missive concluded – does that mean I’ve sold my house?

Can I pull out of buying a house when my offer has been accepted?

Join Our Team

Due to our continued expansion, Morgans are recruiting a Legal Secretary to join our team.

The role will include the following:

• Provide direct support to our busy Conveyancing Department
• Diary Management
• Making and answering calls
• Dealing directly with clients
• Typing of documents, scanning, copying and filing

The successful candidate will have:

• Excellent organisational skills
• Fast and accurate audio typing skills
• Experience of Case Management systems
• Good communication skills both written and verbal
• Accuracy and good attention to detail
• Good numeracy and literacy skills
• A bright, positive attitude with a willingness to be flexible and help when required
• Recent relevant experience in a Conveyancing Legal Secretary role is essential

Please apply by email, attaching a copy of your CV to nicolasneddon@morganlaw.co.uk or in writing to Nicola Sneddon, Business Support Manager, Morgans, 33 East Port, Dunfermline, Fife, KY12 7JE.

First Home Fund to re-open for applications on 1st April 2021

Last year, the Scottish Government created the First Home Fund. This fund was introduced to help first-time buyers providing up to £25,000 towards the cost of buying a property. The scheme opened to all first-time buyers in Scotland and allowed first-time buyers to buy either new or existing properties.

However, as a result of its success, the First Home Fund closed for applications on 2nd October 2020. The good news is that it re-opens on 1st April 2021 when it will start accepting applications again.

You’ll need to have a deposit of about 5% of the purchase price of the property. There is no upper limit or cap on the property price as there is with some of the other help to buy schemes

You’ll need to take out a mortgage of at least 25% of the purchase price and the mortgage must be on a capital and interest repayment basis.

The First Home Fund is a shared equity scheme. That means both you and the Scottish Government will contribute to the purchase of the property.

Your contribution will be your deposit and your mortgage. The Scottish Government’s contribution will be the balance of the price.

There are no monthly payments or interest on the money provided by the First Home Fund. You will only have to pay the Scottish Government back when you sell.

If you wish, you can pay off the Scottish Government’s share in the property, however, the amount you have to repay is based on the percentage of the Scottish Government’s contribution to the purchase. That means if  your share in the property through your deposit and interest is, say, 80% and the Scottish Government’s contribution  is 20%, when you sell the property, you’ll receive 80% of the sale price and the Scottish Government will receive 20% of the sale price.

The First Home Fund is administered by Link Housing who you need to contact to make an application. You can find out more about the application process by clicking here.

If you need any further information or wish to discuss your sale or purchase, please get in touch.

If you’d like to know more about our residential conveyancing services, please click here.

UPDATE – Sales/Purchase Property Viewing Guidance COVID-19

PROPERTY MARKET UPDATE

Following the Scottish Government’s announcement of enhanced measures from the 4th January 2021 we’re still business as usual, but not quite as you know it! Our offices remain closed with the doors locked and entry to the office is strictly by appointment only. We have the majority of our staff working from home where possible so we are still working behind the scenes.

The Scottish Government has confirmed that house moves and associated activities, such as property viewings, can safely go ahead. The latest government guidance states that reasonable situations to go out include: “….activities in connection with moving home (including viewing a property), or for activities in connection with the maintenance, purchase, sale, letting, or rental of residential property that the person owns or is otherwise responsible for.”

Viewings in person can still take place to those who have serious interest in a property. However virtual viewings are recommended to take place first and we would ask all potential viewers to watch the property movie (sales properties), download the home report, look at the floor plan and drive by the area. Should you still be interested we can then organise a viewing. Viewings are strictly by appointment only and no open viewings will be taking place.

Additionally, all viewers are required to wear facemasks and continue to maintain social distancing measures. We also ask all viewers to complete a Covid questionnaire prior to viewing each property.

Following the Scottish Government’s guidance we are also able to value your property should you wish to sell it. Valuers, photographers, surveyors and other professionals can still visit your property in accordance with the safety protocols. Our valuers can still attend your property to carry our valuations of your property’s value however they would also be happy to carry out a virtual valuation over Zoom, Face Time or WhatsApp. Please contact 01383 620222 or email info@morganlaw.co.uk and our team would be delighted to assist you.

For more information on the Scottish Government’s advice, please see the latest guidance at their website. This page was updated on 12^th January 2021.

Private Client Paralegal Vacancy

Private Client Paralegal Vacancy

We are looking for a confident, motivated Paralegal to support our Private Client Department and work as part of a team.

Key responsibilities involve:

• Working directly with a Private Client Partner
• Dealing with Wills, Executries, Powers of Attorney and Guardianships
• Communicating with Clients

The ideal candidate will:

• Have excellent communication skills both written and verbal
• Be a confident user of a Legal Case Management System and Microsoft Office packages (Outlook, Word, Excel etc)
• Have a keen eye for detail
• Ability to prioritise workload effectively
• Ability to work well under pressure

Hours of work will be Monday – Friday 9.00am – 5.00pm.

Please email your CV to Carolinepotter@morganlaw.co.uk or by post to Caroline Potter, Morgans, 33 East Port, Dunfermline, KY12 7JE.