Some common legal myths dispelled

laughing policemen

What people believe: If you are living with somebody as husband/wife then you are seen as the same legally.

The truth is: Legal requirements will not identify typical-legislation spouse. You’re either legally married or you are not. There exists absolutely nothing between. The lawful expression for those who stay with each other is “Co-habitees”.

What people believe: If I’m a married person and I unfortunately die then my spouse can get every thing regardless of whether I’ve composed a will or otherwise.

The truth is: This is simply not the situation. In the event you pass away without having a will means your spouse might get a really small percentage of the property and your kids a big slice of it instantly. You need to compose a will.

What people believe: You can’t wed your own mother according to legislation.

The truth is: the mind boggles as to why you would want to do this!

What people believe: If you wish to copyright laws some thing you just place it within an post and envelope it to your self.

The truth is: This really is no evidence of copyright laws whatsoever. The items may be easily altered. A much better way is to obtain the fabric day stamped with a company of lawyers or place an initial course shipping stamp around the materials and get the local article workplace to terminate the stamp using their day stamp.

What people believe: Should i be ceased for speeding by a single policeman on their own I could not prosecuted.

The truth is: Oh yeah indeed you are able to. The courts are more inclined to think a policeman stating you had been speeding apart from you stating you weren’t.

What people believe: Should I include the amount dish of my vehicle in stick movie velocity digital cameras can’t get my amount dish.

The truth is: If you are not speeding, this may or may not be true but in any event it is illegal and you can be prosecuted for obscuring the number plate even! We recommend which you don’t try out.

What people believe: Trespasses is going to be prosecuted.

The truth is: Trespass will not be a criminal offense it’s a civil issue. You are able to not prosecuted for trespass. You are able to sue somebody for trespass but unless of course they may have completed some harm you might be unlikely to obtain any cash. When they constantly trespass the very best you will probably get is really a courtroom purchase letting them know to avoid it any longer.

What people believe: If the buyer doesn’t pay for them, if you put “goods belong to the seller until paid for in full” on your invoices it means that you can get and go them back.

The truth is: This might or might not become the situation this will depend about how lengthy you might have been working with the client for and what they have completed with them. Generally this clause is totally unenforceable even though it may be imposed by wording it correctly.

What people believe: I can not bring a claim if I partake in an activity and I sign a form that says I agree that I will not hold the organisers responsible for any death or injury.

The truth is: It really is extremely hard to leave out loss of life or injuries just like any results of any irresponsible motion. This clause is just unenforceable underneath the Unjust Agreement Conditions Take action 1977.

What people believe: In case a trespasser is painful themselves by, for instance, stumbling on the risk on my own property, (maybe a thief even throughout a criminal offense) then that’s challenging on him.

The truth is: Underneath the Occupiers Accountability Take action 1984 We have a responsibility to help keep a thief protected from damage when on my own property!

What people believe: The police should patrol on foot with a single foot in the gutter.

The truth is: Nope!

What people believe: If he arrests you without a hat on then the arrest is unlawful, a policeman must wear his hat.

The truth is: When you get charged with some thing as well as the policeman doesn’t have his cap on don’t believe you’re likely to leave from this.

What people believe: It’s lawful to apprehend or kill a Welshman if he is within the walls of Chester at night.

The truth is: It might have been real 2000 years back but today it might be a certain flame method to lifestyle imprisonment. We put this to a Chester solicitor who just laughed!

What people believe: Housebreaking is illegal

The truth is: There is absolutely no offence of housebreaking in the united kingdom, the offence of robbery is in being a trespasser using the intention to commit a robbery, GBH or sexual assault.

What people believe: In case a business owes me some money but goes bust there’s absolutely nothing I could do to have it back again.

The truth is: Even though you can expect to be an “un-guaranteed borrower” and for that reason, its easy to sue the person “behind the company veil”.

… plus some fascinating details…

You can not be charged with theft if you take something from someone without their knowledge and leave a note saying “I will bring your xxx back next week” AND you take it back next week having treated it as your own and returning it in exactly the same condition. During these conditions we find it difficult to determine what you may be responsible for. True, although bizarre!

If there are no speed limit signs and the street lights are less than 200 meters apart then it is a 30 mph speed limit, on the road.

If a person owes you some cash and will pay you (say) 50 % of it around the schedule that “its fifty percent or absolutely nothing” and you also take it below duress it’s nevertheless generally easy to sue the debtor for your equilibrium (it goes returning to the 17th ct).

Slavery wasn’t abolished lawfully till 1998 from the Human being Legal rights Take action since the 1833 Abolition of Slavery Take action failed to determine what slavery was.

Easing the Burden for First Time Home Buyers in the UK

house buying

The global economic situation is strenuous enough and this is visible even in the property market in the United Kingdom.

The financial life for buyers in the UK who are trying to acquire homes for the first time is more difficult than ever before. With thousands of pounds required for mortgage deposits, little saving returns and rental costs that take up big chunks of money monthly, the chances of owning homes seem bleak for many aspiring dreamers.

The housing market isn’t so vibrant at the moment and this is evident even in many UK property news stories.

Housing experts though, tend to see a light at the end of the tunnel as they show high and positive expectations with rising house prices in the years to come. Recent predictions from estate agents suggest that UK property prices will go up by 19.3% as 2019 ends. If interest and wages on savings do not manage to keep pace then affordability shall continue to be a concern for those seeking to buy homes for the first time. There are many buyers securing mortgages in the UK every day as a first step in climbing the property ladder where many sometimes miss the first step.

Experts say that buyers can make this decision easier through good preparation. A buyer should be able to find the home they want within a span of one week. A realistic buyer must look for a suitable home, within their budget and in a short while. Buyers should throw themselves into the process and focus totally. The search should be hard and precise and not just light strolling on weekends in prospect areas. One is advised to borrow on their credit card then pay back for an even better credit score which results in a better assessment of mortgage applications. 

Buyers must to play nice with estate agents because a huge part of the success of the home search relies on them. An easier to work with buyer who is more cooperative and flexible is in a better position to have more consideration from an online estate agent and will be informed of better houses that are competitively priced in the market as soon as they pop up, these new breed of estate agent offer lower fees and have lower overheads and a more balanced outlook on the market. They want buyers who are easy, clear and precise on their dream house, enthusiastic, involved and decent. Getting on the electoral roll is yet another way for buyers in the UK to have better credit scores for mortgage scores. 

The ability to vote and having a permanent address helps one to earn points on their score. This affects younger adults who move around a lot living in rented accommodation as students. Before starting the house hunt, a buyer is advised to carry out a simple check on their credit file six months earlier. One is advised to do this with all three agencies for credit reference, these being Call Credit, Equifax and Experian. By doing this before going through with mortgage applications, a buyer has ample time to correct any omissions or inaccuracies in their credit file.

Don’t miss out on this new trend in selling you home, you could find yourselves considerably out of pocket! If you have any questions about estate agents or selling your home then visit http://www.openhousebolton.co.uk

Buying a property can be stressful. However, it does not have to be difficult.

How-Does-A-Mortgage-Work

Buying a property or a home is a long and complex process. Typically, it will involve the following steps:

 

  1. Borrowing

 

You should get in touch with a mortgage broker and see how much you can actually borrow. They will help you scour the market for the best deals available and show you how to maximise your borrowing power.

 

  1. Define Your Criteria

 

The next step involves deciding the exact kind of property you are looking for. Think about how many bedrooms are required and whether you need a garden and parking. If you are buying a flat, decide whether you want a leasehold or a freehold. You should also pick areas you want to live in. Also consider the property tax banding.

 

  1. Start Searching

 

Scan local newspapers and the internet. You can also register with professional estate agents. In case you spot a property you are interested in, arrange a viewing through your agent.

 

  1. Visit Properties

 

Go out of your way to check out some properties. It is unlikely that you will find the best home straight away. However, keep going and wait until you find something that is worth your investment.

 

  1. Make an Offer

 

Once you come across something you love, make an offer. However, first ask your estate agent to find out as much as they can about the property. Most buyers make offers that are below the initial asking price. Therefore, start low and use your agent to negotiate until you reach a satisfactory price. If the property is worth the price the seller is asking, you can offer the full amount.

 

  1. Acceptance

 

In case the seller accepts your offer, ask your agent to get the home off the market. Then, hire a trustworthy solicitor.

 

  1. Arrange the Mortgage

 

At this stage, you need to sort out your mortgage application. Here, you need to provide a lot of paperwork detailing your outgoings and income.

 

  1. Paperwork

 

Ask your solicitor to draw up a contract. The solicitor will also send a list of questions to the seller, including questionnaires asking the fittings and fixtures they will leave on vacating the property.

 

  1. Surveys

 

After you agree to the mortgage in principle, your lender will contract a surveyor to check out the property and value it. You can also hire your own surveyor for a more comprehensive look.

Go through the survey and find out everything you can about the property. Renegotiate the price with the seller if a lot of work has to be done to fit up the place. If it is too problematic, pull out of the deal before you incur more costs. However, if you are happy with the new home, arrange with your estate agent to gain access to the property.

 

  1. Exchange of Contracts

 

When your conveyer completes all necessary checks, you will sign a contract that will legally commit you to the purchase. It is at this point that you will be required to pay a deposit on the property (which is usually between 5 to 10 percent of the agreed upon price).

 

  1. Plan to Move In

 

Once everything is finalised, get a removal van and start planning to move into your new home.

Stamp Duty Overhaul in Autumn Statement

There are many examples of hyperbole in uk property news stories, but none more bandied about than the ‘sweeping’ or ‘grand’ reforms of stamp duty that were outlined in the Autumn Statement, the last before the general election. So what exactly do these reforms mean for the man on the street? Are they really so ‘sweeping’ or ‘grand’? 

new budget 2014

Impact of the new system

The surprising truth is that the talk of how impactful these changes are is, for once, not overstated. The fact of the matter is that for 98% of house buyers, stamp duty will be less than it was under the old system.

The new system:

Buyers of houses below the threshold of £125,000 will not have to pay any stamp duty at all. Between £125,000 and £250,000 the rate will be 2%, rising to 5% for purchases of between £250,000 and £925,000. From £925,000 to £1.5M the stamp duty rises to 10%, and above £1.5M the rate is 12%. 

Benefits of the new stamp duty system:

First of all, the new system is said to be fairer: it is a graduated system much like that used to calculate income tax, and gets rid of the distortion to the market created by having huge jumps up from one band to the next. 
This new system is designed to help those at the lower end of the system and first time buyers to buy a house in an age when it is difficult to even raise a deposit. The lack of stamp duty on purchases under £125K will go some way towards helping those buyers, and thereby reducing the unfairness within the current housing market.
This new system also reflects the dramatic change in house prices since the last system was established, and it is said that it will stop uncertainty at the top end of the market after discussion of Labour’s proposed ‘Mansion Tax’ unsettled the top-tier property business.

Criticism of new stamp duty system

Many have said that George Osborne was simply spiking Labour’s guns, with this helping hand to ordinary middle class families and swingeing cuts to the super-rich, and that this is just a cynical pre-election pandering to the electorate. These policies have been attacked from both sides of the fence. On one side are the rich, who are annoyed by the huge extra payments they have to make in stamp duty in order to fund, in effect, the cuts to stamp duty further down the tree. This also goes against the core conservative and free-market values of a lot of the Conservative party, who believe in the sort of ‘trickle down’ economics that, arguably, have just succeeded in making the rich richer and the poor poorer. 
On the other side of the fence, while they welcome the help for first time buyers and the bottom end of the property market, many feel that the stamp duty tax on the super-rich is not enough. Those in favour of further redistribution of wealth, and equality, feel that tax on the obscenely wealthy should be higher across the board, and not linked just to property. The fact is that due to the crazy inflation of house prices in London and other economic centres, even £2.5 million will no longer buy a property as large as one might imagine. Sometimes, it will buy no more than a one or two bedroom flat.
Other critics have stated that this stamp duty reform will boost the market, and could cause an unsustainable rise in house prices. This would in fact have the opposite effect than that intended for ordinary buyers across the country. George Osborne has denied these claims.

Wherever your political allegiances lie, it is clear that stamp duty reform will have a big impact on house buyers.