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A First-Time Buyer’s Guide

Whilst buying your first house is, no doubt, exciting, it can be stressful and daunting for most people. With that in mind, armed with our first-time buyer’s guide, you can get your feet onto the property ladder in the knowledge you have everything covered.

Buying your first home is more than simply finding the house, putting in an offer and picking up the keys. For all house buyers, first-time or not, there are important things you must do before you even get to the point of submitting an offer.

Our comprehensive guide takes you through a step-by-step process to aid you in your new home search.

Before you buy

Once your solicitor has submitted your offer and it has been accepted it does become easier.

Before you get to that stage, there are many things you need to do to help you make the right decision and ensure that the entire experience is successful and as smooth as possible.

Estate Agents

You need to remember that estate agents are there to represent the seller. That’s their job. Their challenge is to get the best price possible for the seller. The estate agent has been engaged to help the seller present their house in the best possible light and to persuade you to part with as much as possible in your offer.

If you have questions, please ask the estate agent and, if you have their contact details, speak to the seller. You can always cross check what you are being told with your solicitor.

The seller’s estate agent will give you information, arrange a viewing and follow-up after the viewing. Part of their job is to decide what interest there is in the house and then, in an offers over situation, fix a closing date on which offers are to be received. We will discuss what happens on a closing date later.

However, before even going to see a property you are interested in, it is important you obtain a copy of the Home Report.

Home Reports

The Home Report provides information on the house. All houses put on the market for sale must have a Home Report, with the exception of New Builds. The Home Report is prepared by a surveyor who has visited the property and carried out a review. The surveyor will publish details of the property, comment on the condition and provide a valuation. You can use the valuation in your mortgage application with most lenders. The Home Report also contains a questionnaire that the seller completes giving further information about the property.

When you read a Home Report, make sure you pay attention to the section on the condition of the property. The surveyor will give a score to the state of repair of the property. A score of 1 means no work is needed in the near future. If the surveyor gives a score of 2 to any element of the property, you can expect to carry out repairs to that part of the property in the near future. A score of 3 means that imminent repairs are needed. This means you should expect to carry out and, importantly, pay for that work as soon as you move into the property.

If there are a large number of 3 scores, you might consider using that as a bargaining chip to negotiate down the price of the house. Alternatively, you might ask the seller to deal with some or all these repairing requirements. You may wish to instruct investigative reports regarding these potential repairs before offering.

Viewing properties

When you go to view a property, take the Home Report along with you. As you go round the house, you will be able to see what the surveyor is referring to, especially if repairs are needed.

If the Home Report indicates that the seller has had work carried out to the property and that certificates are available, check with the seller that they have these. These might be things like timber specialist guarantees for treatment of dry or wet rot or woodworm, or they might be in relation to a damp proof course. The seller may have carried out alterations or extensions to the property and, if that is the case, make sure they have any local authority permissions and consents in relation to that work.

If there are areas of common property, ask the seller about these. Things like shared gardens and shared access can have a tendency to raise the temperature in neighbour relations. If the property is a flat, you should find out about the share of the cost of repairs you will pay, what the average bill is and how often this must be paid. It is a good idea to find out if there is a factor for a flatted property. If the property is in a new or modern development, there may be an owners association. If there is, find out about it and if there are any regular charges.

The more you find out about the property in advance of your purchase, the less of a shock it will be if you receive unexpected charges!

Property values

A first-time buyers guide would not be complete without a recommendation on how to check the price of the property. This is especially true when the estate agent fixes a closing date. It is important to gather some general price information before you bid for the house.

A good way to gather information is to go to ScotLIS. This is the property portal provided by the Registers of Scotland. When you visit ScotLIS, you will be able to enter the postcode into the search field and find price information of the properties in the area where you are buying. This information will also tell you when those prices were paid. However, you need to be careful with your price comparisons because the ScotLIS system does not give you information on the type of property but when you click on the address line, it will give you a summary of the property, the price history and, importantly, a location plan showing the boundaries of the property. If you want to know more, you can buy the Title for £3.60 (incl. VAT)

Rightmove also have a house price checker for sold properties as do ESPC, Zoopla and OnTheMarket. These services not only give you some historic pricing but also sometime tell you the type of property and the number of rooms.

The important thing about this is to be armed with price information of similar properties in the area. This will help inform your decision on how much you offer for the property.

Mortgages

When you start your journey into the housing market, you are most likely to need a mortgage. There are a large number of different types of mortgages available. You will need to consume a lot of financial information to decide what is best for you.

You can either approach a lender with whom you have savings and find out what they have available. They will tell you how much they think you can afford to borrow. Alternatively, you can engage a mortgage adviser who will be able to advise you on the best deals to meet your needs across the lending market.

Once you have settled on your lender and the amount and type of mortgage you wish to take on, ask for an agreement in principle. Whilst not a full approval of your mortgage application, it will allow you some comfort to know that the lender will provide a mortgage if all you have told them is backed up with evidence once you make a formal application.

If you are successful with your offer, it is essential you complete and submit your mortgage application as soon as possible. Most of the time it is the mortgage that slows down the purchase process.

Budget

First-time buyers should find out about the whole costs involved at an early stage. Your deposit will not be the only cost you will need to face. Also, when you think about your solicitor’s costs, you need to remember that it is not simply the fee the solicitor will charge. They also need to collect money from you to pay others. You need to pay any Land & Buildings Transaction Tax, Registration Dues and, importantly, VAT. You can read our page about the cost of buying a house for more information on costs.

Make sure you get a complete breakdown of the costs from your lender or mortgage broker and your solicitor before you go ahead. The last thing you want to do is have to abandon your purchase because you have not budgeted properly!

We should also mention that you will be asked questions about your ID and where your deposit is coming from. Your lender or mortgage adviser and your solicitor will ask you about this. Please do not delay in providing the information. Importantly, if you are receiving a gift from a relative or friend, you should let your solicitor know about this as soon as possible. The reason for this is that they must carry out checks about your source of funds before they can go ahead with your purchase. They are not being fussy or rude or intrusive. They simply need to record this information because of the regulations they operate under. That means if you are getting money from someone else to help with your house purchase, your solicitor will also need that person’s details – and that will include a copy of their Bank Statement and details of the origin of their funds.

Appointing a solicitor

Whether you are a first-time buyer or not, you will need to appoint a solicitor or residential conveyancing paralegal to deal with your house purchase. It is best to appoint a solicitor/residential conveyancing paralegal as soon as you set out on your search for a property. They will help guide you through the entire purchase process and answer any questions you might have.

When you find a property that you would like to buy, tell your solicitor right away. They will then contact the estate agent and note your interest in the property on a formal basis. This means they can discuss whether the estate agent is able to accept an offer now or whether a closing date will be fixed. The estate agent will advise your solicitor of any closing date and your solicitor will keep you advised about this.

One of the more challenging aspects of buying a house in Scotland is the offers over position. This is where you must submit a blind bid and hope that you are successful. Your solicitor will discuss with you how much over the asking price you might have to go.

Once your offer has been submitted, your solicitor will let you know if it has been accepted.

After your offer has been accepted

Your offer is the first stage in setting up the contract to buy the house. Your solicitor signs the documents on your behalf and sends copies to you. If yours is the successful offer, you will first receive a verbal acceptance. This is simply an indication that the seller is happy with the price, date of entry and extras being included.

However, any property purchase in Scotland must be in writing. The offer your solicitor submitted on your behalf will contain many conditions. The seller will decide which conditions they are prepared to accept, which they wish to change and which they wish to reject. To do this, their solicitor sends your solicitor a qualified acceptance. That is an acceptance that deletes, changes or adds conditions. If those are acceptable to you, your solicitor can send an acceptance and that ties up the contract.

If, however, the changes the seller is looking for are not acceptable, your solicitor can go back to the seller’s solicitor indicating which conditions are acceptable, which are not and which need further change. This process can go back and forth between solicitors until there is a final acceptance issued by one to the other.

It is important to note that during all this time, either the buyer or the seller can walk away from the transaction without penalty.

Solicitors call this process missives and the aim is to reach a point where missives are concluded. At that point you have a contract to buy from the seller who is contracted to sell to you.

The conveyancing process

Whilst the missives process is ongoing, your solicitor will review the seller’s title. They are likely to send you a copy of the title plan and the conditions of title. When you receive the plan, please check that the boundaries match your recollection of the property. If in doubt, visit the property to check. Your solicitor is very unlikely to ever have seen the property so it is up to you to make sure you are happy with the extent of the property you are buying.

Read the title conditions to make sure there is nothing that is likely to cause you any problem.

Your solicitor will check a range of reports the seller must provide. There are reports on the property and the sellers as well as local authority and coal authority reports. If there is anything adverse mentioned in any of these, your solicitor will draw that to your attention.

Your solicitor will also prepare the deed, called a disposition, that transfers ownership of the title to you.

If you are obtaining a mortgage

If you are obtaining a mortgage over the property, your lender will send loan instructions to your solicitor. Your solicitor will then prepare a standard security document for you to sign. The standard security is the document that is registered against the title to the property in the Land Register. Should you fail to repay your mortgage or otherwise breach the mortgage conditions, your lender can use the powers contained in the standard security to repossess and sell the property. Also, when you come to sell, the mortgage must be repaid and the standard security discharged.

Approaching settlement for first-time buyers

Your solicitor will ask you for your deposit and the purchase costs around one week before settlement. This date is called the date of entry. You should arrange to send these over to your solicitor by bank transfer using the bank details they will give you. They will then request your loan from your lender and, on the date of entry, pay the purchase price to the seller’s solicitor.

Getting your keys and moving in

Once your solicitor has paid over the price, the seller’s solicitor will authorise the release of the keys to you. You can then go ahead and move into your new house or flat.

In exchange for the price, the seller’s solicitor will send your solicitor the signed Disposition.

Your solicitor will then pay any Land and Buildings Transaction Tax. After that, they will then send the Disposition and Standard Security for registration in the Land Register. When the Disposition is registered, the title is transferred into your name.

In the meantime, your solicitor will send you an account showing what they received and what has been spent and what it has been spent on.

Once the registration process has been completed, your solicitor will send you a copy of the title showing it has been transferred into your name.

It is not only first-time buyers who find this process challenging. Even the most hardened house movers can find the process stressful!

It is important that you ask questions if you have any concerns at any point in your purchase.

Specialist conveyancing solicitors in Dunfermline and Kinross, Fife

Our solicitors have many years of experience in advising clients about all aspects of buying and selling property. They can guide you through the entire process and give you help and advice along the way.

If you would like to speak with one of our experienced solicitors or residential conveyancing paralegals you should get in touch today.

We’re Hiring!

JOIN OUR TEAM!

We are seeking a Conveyancing Paralegal/Legal Secretary to join our team.

Ideally a full time position but would consider some flexibility with hours.

The role will include the following:

  • Providing direct support to our busy Conveyancing Fee Earners
  • Diary Management
  • Making and answering calls
  • Dealing directly with clients and other firms
  • Typing of documents, scanning, copying and filing
  • Ordering Searches and liaising with Registers of Scotland

The successful candidate will have:

  • Excellent organisational skills
  • Fast and accurate audio typing skills
  • Experience of a Case Management system(s)
  • Good communication skills both written and verbal
  • Accuracy and attention to detail
  • Good numeracy and literacy skills
  • A positive attitude with a willingness to be flexible and a team player

Recent relevant experience in a Conveyancing role is essential.

Job Type: Full-time

Pay: Dependant on experience

Schedule:

  • Monday to Friday

Experience:

  • Conveyancing: 1 year (required)

Application deadline: 02/08/2024

Please email your CV to carolinepotter@morganlaw.co.uk

 

We’re Hiring!

Due to our continued expansion our Kinross office are recruiting a part time Administrative Assistant to join our team.

The role will include the following:
• Provide direct support to our busy Conveyancing Department and Private Client Department
• Diary Management
• Making and answering calls
• Dealing directly with clients
• Scanning, copying and filing

The successful candidate will have:
• Excellent organisational skills
• Fast and accurate audio typing skills
• 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
• Previous experience in a similar role would be advantageous but not essential

Please apply by e-mailing your CV to carolinepotter@morganlaw.co.uk or apply in writing to Caroline Potter, Practice Manager, Morgans, 33 East Port, Dunfermline, Fife, KY12 7JE.

Festive Greetings

With
best wishes
for a Merry Christmas
and a Happy New Year

Buying property at auction

Going, going, gone! Property programmes like “Homes Under the Hammer” glamourise buying property at auction then renovating and selling on or letting out. If it were only as simple as turning up, placing the winning bid and walking away with a property for a cut-down price. But what about the failures or the losses or the unexpected problems? We do not hear so much about them, do we? If buying a property at auction were simple and straightforward and free of risk, we would all be doing it!

The positives of buying property at auction

Let’s look at the positives of buying property at auction. Price is clearly an attraction. Properties that are put to auction generally have a lower price than equivalent properties on the open market. If you want some clarity on the bidding process, at auction, you know what others are bidding. In a traditional closing date, you need to contend with blind bidding and being unaware of what others are offering.

Another benefit is speed. Most properties sold at auction complete in 28 days after the hammer falls. If you are looking to move quickly, this type of purchase might be for you.

However, when something looks too good to be true, it usually is!

There are many challenges buyers face when buying property at auction.

Be prepared in advance of the auction

You should not simply turn up on auction day and expect everything to fall into your lap. There are many steps you need to take before the auction day to ensure you do not buy a pup.

Do your homework

Once you have identified a suitable property from the auction list, make sure you visit the property. You need to satisfy yourself about the condition of the property and what repairs and renovations may be needed. Importantly, make sure you have a survey carried out on the property. Properties which are put to auction do not need to provide a Home Report of Energy Performance Certificate. This means the caveat of “buyer beware” applies. You must take steps to protect yourself from buying a property that could quickly become a money pit because of structural problems and the high cost of repairs.

If there are any suggestions of structural, rot or dampness problems, make sure you thoroughly investigate these and get estimates for the cost of resolving these.

Importantly, check out the prices of equivalent properties in the locality. You can easily do this using the ScotLIS service provided by the Registers of Scotland. You can check the prices locally and, if the property you are interested in is registered in the Land Register, you will be able to view the price history and can purchase the Title for £3 (plus VAT). All you need is the postcode.

To find out about property coming to auction, get on the auctioneers’ property lists. These will provide you with a list of properties and the dates of forthcoming auctions. The earlier you gather this information, the sooner you can focus and do your homework on properties that interest you.

Check out the title and property searches

Have your solicitor check out the title to the property and conduct all relevant searches. At the auction, you take the property “warts and all”. That means if there is a title defect or a charge over the property, you will inherit the problems when you buy. You do not want to be faced with title problems you only find out about after your successful bid! Remember, too, that you will need to meet your solicitor’s fees for checking out the title whether you are successful at auction or not.

Getting your finance in order

If you are not a cash buyer, it is essential you have your mortgage finance arranged and your lender knows you are buying at auction. The purchase will usually complete within 28 days so it is important your mortgage is available to allow you to settle within that timescale.

Whilst the purchase must complete, usually, within 28 days, you will need to pay a non-refundable deposit (normally 10% of the bid price) on the day of the auction. This is a deposit towards the purchase price with the balance being payable, normally within 28 days. If you fail to complete the purchase, you will lose the deposit.

However, in addition to a deposit, you will also need to pay an administration fee. This is normally 1% of the successful bid (plus VAT) and will usually be subject to a minimum charge. Check this out in the auction particulars. This is a fee you pay to the auction house and it does not come off the price you pay for the property.

You need to fully cost any renovations or improvements you wish to carry out to the property. There is no point in buying property at auction that is in a state of disrepair only to discover that you have run out of money to carry out the repairs or improvements.

Prepare a budget in advance and this will allow you to decide on the ceiling for your bid on the auction day.

Finally, once your bid has been accepted, the risk in the property passes to you. That means you must insure the property to protect it from insured risks.

On the auction day

When the bidding opens, you will quickly find out what others are prepared to bid for the property. The open bidding allows you to decide when to enter the bidding and, importantly, when to withdraw. It is easy to get carried away so please make sure you have a fixed ceiling because exceeding it might lead to problems with any renovations.

When your bid is accepted, you need to sign the “Articles of Roup”. These form the contract of sale and purchase and will specify the completion date. Unlike the traditional method of house purchase where solicitors exchange formal letter (called “missives”), the Articles of Roup set out the entire contract and are signed immediately on conclusion of the bidding process.

You will also pay the deposit and the administration fee. Your solicitor then needs to carry out the conveyancing to transfer ownership of the property to you in readiness for completion, usually, around twenty-eight days after the auction date.

The financial consequences of failing to complete can be severe to it is essential you have you finance arranged to enable you to complete within the twenty-eight-day timescale.

Other features of buying property at auction

You should also be aware that whilst a property has been listed for auction, you can still make an offer to buy it before the auction date. If your offer is accepted, you will need to pay the deposit, enter into the contract to buy and the property will be withdrawn from the auction. For this reason, be prepared to spend money having a property checked out in the knowledge that if someone makes an acceptable offer before the auction date, you might not get a chance to bid for it because it will be withdrawn.

There are two other points worthy of note. Properties that are put to auction represent only a small percentage of all the properties available on the market. Also, the standard or condition of properties put to auction is unlikely to be good.

What are my next steps when considering buying property at auction?

We strongly recommend that you speak to us before embarking on your bidding journey. Our solicitors have a wealth of experience of dealing with properties purchased at auction. They will guide you through the process and explain the benefits and pitfalls. It is important to make sure the title is in order and there are no “surprises” that might prove expensive.

Contact us today if you are considering buying property at auction.

Offers Over…: How much over the asking price do I have to go to buy a house?

One of the key features of the Scottish property market is the blind bidding challenge you have in an offers over closing date. When there is competition to buy a property, the selling agent will invariably set a closing date. They then invite prospective buyers to submit their best offer. Any buyer who is interested then must consider how much over the asking price they are willing to pay. Buyers always face challenges in an offers over closing date.

How does an “offer over” sale work?

When a selling agent takes on a property for a client, they will always look to sell it for the highest value they can achieve. In a busy property market, in Scotland, the property is exposed to the market on an “offers over” basis. This means buyers must consider how much to offer the seller to buy the house.

Invariably, in an offers over situation, there is competition between buyers. To make the competition fair, the selling agent sets a closing date. This allows prospective buyers to submit their best offer. It is a blind bidding situation where none of the buyers who are offering know what the competing buyers are prepared to offer.

It is important to ensure your solicitor “notes your interest” in the property with the selling agents. By doing that, your solicitor will be kept advised of when the closing date is fixed. Your solicitor will also be able to advise you on your offer when the selling agent fixes a closing date.

The selling agent will discuss all offers received with the seller and recommend which offer should be accepted. You should always be aware, though, that it is not always the highest offer that will be accepted.

How much should you pay in an offers over situation?

If only there was an answer to that very simple question!

There are several things you need to consider when trying to decide how much to offer. Four of the most important things to consider are:

  1. What is the value of the house shown in the Home Report? In the Home Report, the surveyor who prepared the report will give a professional valuation of the property. This is usually your starting point. In a competitive situation, you should be prepared to pay over the Home Report valuation.
  2. What potential repairs did the Home Report indicate are required now or in the foreseeable future? If there are many different repairs to carry out, you must factor in the cost of those in your deliberations.
  3. How much do you have available between your own resources and mortgage to pay for the house. When you add up your available resources, there will inevitably be a ceiling. The question is, do you want to go to your ceiling to buy the house?
  4. Do you have a house to sell? If you do, what stage has that reached. If you are not sure what your own house will sell for, you may be more conservative when offering for the new property. In addition, do you want to enter into a contract to purchase when your own house is not yet on the market or has only just come on and you do not have a firm idea of the timing or amount of your sale.

When you have considered these factors and, usually, a lot more, you will reach a conclusion on what to offer. At this point, the only advice we can give you on price is to offer as much as you can comfortably afford.

Where can you get advice?

We look after our clients’ estate agency and legal needs in Dunfermline, throughout Fife and across Scotland. Our solicitors speak to clients who are faced with offers over situations every day. They can help and support you when you are ready to submit your offer.

If you would like to speak to us or seek out help and advice, please contact us.

Happy Retirement Craig!

As of the 31st March 2023, Craig has retired as a Partner of Morgans. He remains as a consultant for a short time to conclude his files and then will spend his time travelling, heading back out to the golf course, spending time with family and watching his beloved Cowdenbeath FC. Having worked as a Partner at Morgans for over 25 years and over 30 years as a solicitor it is well deserved. We wish Craig all the best for a long and restful retirement.

Happy Birthday to us!

We know we don’t look it but we are celebrating 30 years in business!

We thank all our loyal clients who have entrusted us with their business over the last 30 years. Also our fantastic staff. We can’t do it without them. To allow our staff time to celebrate in style we are closing for the Easter weekend (closing 5pm on Thursday 6th and re-opening 9am Tuesday 11th).

Here’s to the next 30 years….

 

We’re Hiring!

We are seeking a Conveyancing Legal Secretary/Administrator to join our team.

Ideally a full-time position but would consider some flexibility with hours.

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 a Case Management system(s)
Good communication skills both written and verbal
Accuracy and good attention to detail
Good Numeracy and Literacy skills
A positive attitude with a willingness to be flexible and a team player

Recent relevant experience in a Conveyancing Legal Secretary/Administrator role is essential.

Job Type: Full-time

Salary: £19,000.00-£20,000.00 per year

Schedule:

  • Monday to Friday

Experience:

  • Conveyancing: 1 year (required)

Please email your CV to nicolasneddon@morganlaw.co.uk

Merry Christmas from Morgans

Everyone at Morgans would like to wish our clients a very Merry Christmas and a Happy 2023!

Please click on our video (above) for a special festive treat from the team…

Morgans have raised an amazing amount for Fife Sands in lieu of sending Christmas cards, raffling hampers and wearing Christmas jumpers. Our staff also donated nearly 60kgs to Dunfermline Foodbank for their Christmas appeal.

We hope you enjoy the festivities and look forward to working with you again next year.

Our offices are closed from 1pm on Friday 23rd December and re-open at 9am on Wednesday 4th January 2023.

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