Contact Us

Category: Uncategorized

We’re Hiring

Mike Sutherland July 19, 2022

Morgans are recruiting a Paralegal/Legal Executive/Experienced Legal Secretary to join the team in our Kinross Office

 

The role will include the following:

Providing direct support to our busy Conveyancing Department

Diary Management

Making and answering telephone 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 and Microsoft Office packages (Outlook, Word, Excel etc)

Good communication skills both written and verbal

Accuracy and good attention to detail

Have excellent communication skills both written and verbal

A bright, positive attitude with a willingness to be flexible and help when required

Have a keen eye for detail

Be enthusiastic and keen to learn

Ability to prioritise workload effectively

Recent relevant experience in a similar role is essential.

 

Job Type: Full-time, Permanent

Salary: £18,000.00-£28,000.00 per year depending upon previous experience

 

Schedule: Monday to Friday 9am-5pm

Application deadline: 3rd August 2022

 

Please email your CV to Nicola Sneddon, HR Manager, nicolasneddon@morganlaw.co.uk

 

Interlinked Smoke Alarms now required to keep your home safe

Mike Sutherland February 9, 2022

On 1 February 2022, new legislation came into place requiring every home in Scotland to have interlinked smoke alarms. The legislation was first introduced in 2019 following the Grenfell Tower fire. The implementation of the legislation was delayed due to the coronavirus pandemic.

The aim of this legislation is to make sure every home in Scotland is protected.

This legislation applies to all homes in Scotland. Homeowners need to install new interlinked smoke alarms in their homes. Tenants living in private rented accommodation need to make sure their landlord install these alarms.

What alarms does a house now need to have?

Each home needs a mix of smoke and heat alarms as well as a carbon monoxide detector.

Smoke alarms need to be installed in the main living room – that’s the room used most often during the day by those living in the house. They also need to be installed in all circulation areas. That means a smoke alarm needs to be installed in the hall. If you live in a two (or more) storey house, a smoke alarm needs to be installed on each floor or landing.

A heat alarm must be installed in every kitchen.

The smoke and heat alarms must be interlinked

In addition, a carbon monoxide detector must be installed in the room containing any carbon burning appliance – your central heating boiler, open fire etc. The carbon monoxide detector does not need to be linked to the heat and smoke alarms.

What about the alarms you already have installed?

Any “stand alone” smoke or heat alarms no longer comply with the new legislation. In addition, any new battery alarms must be sealed units – that means the batteries cannot be replaced and when the alarm reaches the end of its useful life (usually 10 years), the entire unit must be replaced.

There are also certain standards the new alarms must meet. These are:

  • Heat alarms – BS 5446-2:2003
  • Smoke alarms – BS EN14604:2005
  • Carbon monoxide detector: British Kitemark EN50291-1

You can also opt to have mains power alarms installed. We recommend you have this done by a qualified installation engineer.

Is it an offence not to fit the new alarms?

It is not a criminal offence if you do not have these new alarms installed. Local Authorities across Scotland are responsible for enforcing the legislation. They will not enter homes and will not issue fines to tenants or householders.

However, if you decide to sell your house, the lack of the new alarms will be mentioned on your Home Report as an essential requirement. In addition, whilst insurers have indicated the lack of the new alarms will not lead to loss of cover, you must check any renewal terms to make sure you are still covered.

Is there any financial help available?

There is some limited financial assistance available through Care and Repair Scotland. That organisation has recently received a further £500,000 in funding to help vulnerable older and disabled people with the costs of the installation.

Generally, to access the financial help, you must own and live in your home. The Council Tax Band must be between Bands A and C.  You must be of state pension age and in receipt of Guaranteed Pension Credit. Alternatively, you must have a disability and be in a support group for Employment and Support Allowance.

Where can I find out more information about interlinked smoke alarms?

Click here to find out more information.

Join our Team

Mike Sutherland January 13, 2022

CASHROOM ASSISTANT

Morgans are seeking a Cash Room Assistant to join our team.

The role will include the following:

  • Providing direct support to our busy Cash Room
  • Processing payments
  • Daily banking
  • Allocating client funds
  • Input of financial postings
  • Dealing directly with clients

The successful candidate will have:

  • Accuracy and attention to detail
  • Excellent organisational skills
  • Good numeracy and literacy skills
  • A bright, positive attitude with a willingness to be flexible and help when required

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

Join our Team

Mike Sutherland January 13, 2022

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.

Emergency Contacts for Tenants over Christmas

Mike Sutherland December 21, 2021

We will close at 5pm on Thursday 23rd December 2021 and reopen at 9am on Wednesday 5th January 2022.  Emails will not be answered during this time.

 

If you plan to be away over Christmas/New Year, please ensure heating is left on to prevent frozen/burst pipes or turn water off and drain the system.

 

For EMERGENCIES ONLY the following can be contacted when our office is closed:

 

Brian Gregson              Gas heating and plumbing                             07877147395
Craig McMillan            Electrician                                                          07849518151
Brian Carroll                Handyman/Locksmith                                    07740502677
Brian Dawson              Roofing/Drains                                                 07939476765
Alan Burt                      Locksmith                                                           07773664420
Shaun Reid                  Roofer (text first)                                                07793074742
Alan Matson               Appliance repairs                                               01383737284

 

 

Please check your original emergency numbers to see if your landlord has any Homecare Cover, if so please call them for any emergency reference the boiler etc. If you have lost note of these details please contact our office prior to 23rd December 2021. If our contractor is used by yourself when the landlord had this agreement in place, then you will be responsible for the cost.

 

Morgans would like to take this opportunity to wish you a very Happy Christmas and a prosperous New Year.

 

Morgans LARN1811015

 

 

Why shouldn’t I accept the highest offer?

Mike Sutherland September 28, 2021

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?

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

Mike Sutherland June 29, 2021

Clients sometimes ask “can I pull out of buying a house after my Offer has been accepted?”. Buying a house is probably the biggest financial transaction you will enter into in your life. It’s important to get this right. Before you begin the process of buying a house, you need to make sure a number of things are in place. You need to have sold your existing house or be confident that it will sell before your entry date for your new house. If you need a mortgage, make sure this has been agreed. Importantly, make sure you really want the house you’re buying. There’s a considerable amount of legal work involved in the early stage of your purchase. That means it’s very important that you have everything in place before you start!

Sometimes, when you’re buying a house, your circumstances change. When that happens, the first question you might ask is “can I pull out of buying?”. Whilst the question is pretty straight forward, the answer is usually “it depends”.

When you offer to buy a house, your solicitor must submit that offer in writing. The selling solicitor or estate agent will speak to the seller and let you know if your offer has been successful. That’s usually when you’re told “your offer has been accepted”. The problem with that, from a buyer’s perspective, is that whilst this is a verbal acceptance, it isn’t a binding contract.

How is the contract created?

In Scotland, the contract to buy or sell property (called “missives” by lawyers) must be in writing. There must be a clear written agreement to buy or sell the house. This takes place through an exchange of letters between the buyer’s and seller’s solicitors. This starts with the offer which will contain practical as well as technical conditions. The practical conditions are generally the price, date of entry and extras included. The technical conditions relate to title, capacity to sell and a number of other matters.

When the seller’s solicitor receives the offer, they will give an indication of acceptance to the buyer’s solicitor. They then go about the task of providing a written acceptance. Usually, that written acceptance will contain conditions of its own or accept or modify the conditions in the offer. This is called a “qualified acceptance”.

The buyer’s solicitor then has to consider if these conditions are acceptable or whether further changes are needed. This process can go back and forward for some time until agreement is reached. Solicitors call this point “conclusion of missives”.

At which point can I pull out of buying?

The simple answer to this question is that you can pull out of buying at any time up until missives have been concluded. If the contract to buy hasn’t been concluded, then you, as the buyer, can pull out at any time.

If missives have been concluded and a contract to buy and sell exists, it may be impossible to pull out of buying. However, if the contract is conditional on certain things happening – and most contracts are – then there might be an opportunity to pull out of buying. The circumstances surrounding that are technical and need to be addressed on a case by case basis.

We should also say that if you do decide to pull out of buying after conclusion of missives, you can still do that but there are contractual costs you will have to face. If you do withdraw after conclusion of missives, this is considered to be breach of contract. The costs of doing this can be very substantial so it is something you need to consider very carefully.

So, as a rule of thumb, you can pull out of buying a house if the contract (or missives) hasn’t been concluded. You must check this with your solicitor before making this decision.

If you would like to discuss any aspect of buying or selling your house, please don’t hesitate to contact us.

Join Our Team

Mike Sutherland June 3, 2021

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

Mike Sutherland February 11, 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

Mike Sutherland January 26, 2021
The Scottish Government has updated the guidance on house moves following the further tightening of COVID-19 restrictions.
 
The guidance further emphasises the challenging times that we are currently in, where the safety and well-being of our clients, staff and public is of the utmost importance.
 
Viewing properties should be undertaken virtually in the first instance, minimising in person viewings to only those who are seriously considering purchasing the property.
 
So how should I go about viewing a property I am interested in buying or renting?
 
1. View the property brochure and property movie which are available on our website;
2. Have a drive by to familiarise yourself with the position and locality of the property;
3. Request the Home Report by completing the request form on the website;
4. Seriously interested? Then get in touch to arrange an in person viewing.
 
Whilst it is permitted to leave your house for activities in connection with moving home (including viewing a property) or for activities in connection with the essential maintenance, purchase, sale, letting, or rental of residential property, at this time the guidance remains that it is advisable to postpone, if possible.
 
If you would like to view any of our properties, please contact us on info@morganlaw.co.uk or by telephone on 01383 620222 (Dunfermline) or 01577 863424 (Kinross).
Archives
Secret Link