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Property
Hastings & Co are solicitors and estate agents based in the
Scottish Borders offering a full range of legal and property services.
As one of the largest property solicitors in the Borders, and internet
marketing specialists, we are committed to providing a seamless
service to save you time, stress and money.
For
the property buyer we offer a full purchase conveyancing service
and our dedicated team have considerable experience in hand-holding
through the entire Scots Legal process.
If
you are thinking of selling, our Estate Agency service includes
a free marketing
appraisal and property valuation. For joined-up-thinking,
ask about our integrated estate agency and conveyancing package
where you will also benefit from timely legal advice, paving the
way for a smooth transaction. You may find the articles
published here useful when considering your marketing strategy.
Legal
As
general practice solicitors we are able to advise on legal
matters to provide peace of mind for yourself and your
family. For example, have you updated your will in recent years?
Also, we can help with business related issues such as debt recovery,
employment
matters,
leases
and agreements.

The
Property
Shop is open for business six days a week (Saturdays
9am - 3pm) at 28 The Square, Kelso and at 22 Market Place, Selkirk.
Tel: 01573 225 999
Call
in to pick up particulars and property guides and for friendly conveyancing
and marketing advice.
For
Legal Services contact our head office at 15
The Square, Kelso.
Tel: 01573 226
999
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SECRETARY
REQUIRED
We are looking for a full time experienced secretary
to join the team in our legal office as secretary to one of
our partners. The position will cover an interesting variety
of legal work, involving court work, conveyancing etc.
If
you are interested in joining us please send a c.v. to al@hastingslegal.co.uk
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July
'08 Property View
Much has been said and written in recent months on the state of
the property market in the UK. While there is no doubt that the
market generally has slowed, it is certainly not in freefall and
traditionally the Borders has always taken the middle way, avoiding
boom and bust. So don't believe everything you read in the press:
there's nothing like a bad news story to get the press excited.
Recent reports and the first recorded fall in UK house prices should
be taken as a sign that the market has stalled - or in some cases
had a reality check - but in general prices in Scotland seem to
be bucking the trend.
The main thing that is missing is confidence and the feel good factor
and given the daily diet of gloom we have been suffering it is hardly
surprising that buyers are wary about investing when they might
fear a fall. Negative equity is only relevant if you have an unrealistic
level of borrowing and need to sell in a buyers' market.
We have never been blessed with buyers taking out mortgages for
10 times their income and betting on a rising market to keep them
out of hock. That seems to be a policy of desperation peculiar to
the overheated markets of London plc but the million pound bonus
culture probably gets no further than the Watford Gap, let alone
this side of the border. So what if it's not a boom market? The
end of the boom was 'predicted' back in 2002 and while the doom
and gloom stories continued to be rolled out it didn't quite work
out like that. I recall being interviewed for a property market
special Border TV's Lookaround did at the time and gave a fairly
upbeat forecast, while others were talking of the market peaking.
In fact, prices doubled over the next five years so anyone who cashed
in at the 'peak' of the market would have real problems getting
back on the ladder.
In June 2002, commenting on the market conditions in the Borders
I wrote: "Whatever happens with the market elsewhere, the local
conditions have not previously been victims of the boom and bust
syndrome and while any advice to buy at the top of the market in
anticipation of further growth should be tempered with caution,
an investment in the quality of life available in the Borders is
one that few would regret."
We have to remember that a house is an investment - but an investment
that you enjoy as a home whether it is your main home or a holiday
'second' home. Until recent years it was not seen as a short-term
investment to make a quick buck. This was a product of shortages
brought about by demand exceeding supply but that is no longer the
case as can be seen from the range of incentives available from
the developers who have built here in the recent past.
A house purchase is not a short-term investment. The cost of stamp
duty generally prevents a quick turnover profit except for the fortunate
few who are in the right place at the right time - particularly
if sellers begin to be panicked by all the negative talk and let
it go well below value. No-one gains from the prophets of doom and
despite the headlines, there is every prospect that with a little
common sense we should come through any current difficulties triggered
by some high profile events which have led to a crisis of confidence.
The underlying popularity of the Borders remains and once buyers
have the confidence to commit we can expect demand to pick up. In
the short term, there is no doubt that in some sectors, such as
new developments, supply is currently outstripping demand and the
simple laws of economics will apply with lower prices or packaged
incentives designed to attract buyers.
Developers are in a different position. They need to sell. It is
their life blood. Homeowners on the other hand, are usually buying
another property and so long as they are buying and selling in the
same market, they should be relatively unaffected. Whatever they
lose on the swings they should gain on the roundabouts. What is
required is a bit of common sense and a willingness to adjust their
position in the market as required. There is no point sitting doing
nothing like a rabbit in the headlights and smart sellers realise
that they are not operating in a vacuum - often it is a case of
out of one pocket and into the other.
Ron Hastings July
'08
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Lies,
damned lies and statistics
The facts don't lie but then it depends what facts you produce to
support an argument. As a lawyer, I am well aware that facts can
be interpreted in many different ways and at a personal level each
of us makes a subjective assessment of things as we see them.
On a day-to-day basis we don't operate in a world of absolute truth.
In these days spin is no longer associated with the washing cycle
but an accepted practice from Government down (or up, depending
on your point of view). We see the press making headline news out
of nothing. It is interesting to see just how much partial reporting
there has been since the Northern Rock crisis broke last autumn.
It's almost as if there has been a concerted campaign to talk the
market down and get the facts to fit the story. Snap-shot assessments
of the market fall into the same category of lazy reporting. For
example our sales for April 2008 were 100 per cent up on the previous
April and December was also double the previous year. Our annual
sales for 2007 were up on the previous year and sales for the first
quarter are about level. Hardly a crisis: but not a boom either.
Last April was our worst month in 2007. So while we could suggest
a booming market as sales have doubled, that would be a misrepresentation
of the bigger picture. The fact is, we had far more properties on
our books so you would expect to see more going through. Taking
a partial view really doesn't mean very much. One month's sales
figures, just like reports of one month's lenders figures for mortgage
lending, mean very little in isolation and you need to consider
the bigger picture with a longer lens and not look at facts in isolation;
ignoring underlying issues like, in the case of mortgages, the lenders
moving the goalposts and slowing their processing down to a snail's
pace.
Ron Hastings July '08
Our website, www.hastingslegal.co.uk, receives over
1000 visitors per day.
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