Ballantyne & Copland News

The Latest news from the legal world.

Guardianship

Recently we have noticed that there has been a large increase in enquiries by carers about Guardianships and it appears that Social Word departments are encouraging carers to apply for guardianship powers. We understand that this is in response to direct payments being introduced by the Local Authorities following new budget proposals.

Unfortunately the information that carers are given about guardianship is not often the information they need on the practical issues of applying to be a guardian. For example they are not told how long the process takes and they are not made aware of the special Legal Aid provisions that apply to a guardianship application.

There has been a large increase in Guardianship Application in the court and this is causing delays in some guardianship applications. Our Mr Lunny is currently handling a number of Guardianships cases across Lanarkshire and the central belt and if you need any information about this process please telephone him or his secretary.

Buying at Auction – not such a bargain

In the current economic climate, many lenders are opting to put properties which they have repossessed to auction in the hope of getting a quick sale. There are plenty of people looking to buy these properties thinking they are a bargain or with a view to making a quick profit or indeed purchasing a cheap home.

There is no such thing as a free lunch !

Buying property at auction is fraught with problems and you should not do so without first speaking to your solicitor. When buying at auction you generally are asked to pay a deposit immediately and to sign a contract without the benefit of legal advice. Often that contract obliges you to buy the property regardless of the state of the title (or the property).

In addition it usually provides that the seller is not liable to pay any outstanding common charges which can often be passed on to the purchaser of the property.

In some cases particularly the seller's title is not a good title at all and you can acquire a title which is burdened by Securities in favour of other lenders. Often, the small print in the contract provides that the purchaser takes responsibility for the property insurance immediately so that if the property is damaged or destroyed before the price has been paid over, the purchaser still has to proceed.

Many of these problems can be avoided simply by letting your solicitor know that you are planning to go to an auction and asking the solicitor to look at the terms of the contract, title deeds and so on which are readily available from the auctioneer.

Most of us would no longer dream of buying a car without having it checked mechanically first or ensuring that there is no outstanding finance on it. Why should you buy such an important asset as a flat or house without getting everything checked over by your solicitor first?

A small fee paid in advance to your solicitor to do this could save you thousands of pounds.

Change of Personnel

We regret to advise that Alan Cox has decided to leave us from 19th September. On a brighter note, Mark Lunny has been assumed as a partner from that date. Welcome on board Mark.

Ballantyne & Copland are trying to buck the trend as far as the credit crunch is concerned. We have taken on a new solicitor, Michael Graham who will deal primarily with domestic conveyancing.

Other News

Robert Westwood ended his tenure as President of Lanarkshire Chamber of Commerce on 22nd September. He remains on the Board of the Chamber and is a keen supporter of the networking events which the Chamber runs. Robert is also a founder of member of the 1700 Business Club one of the Chamber’s breakfast networking clubs.