Recent Promotions at Frazer Coogans

Congratulations to our newest Director – Victoria Kerr

Please join us in congratulating Victoria Kerr as Frazer Coogans’ recently appointed Director.   Victoria joined the firm in 2015 and has continued to be a key member of our Private Client team as a Senior Solicitor, dealing with Wills, Powers of Attorney, Executries and Guardianships. Never failing to deliver outstanding service, we are excited for your well-deserved promotion and new career chapter.

Victoria Kerr

Introducing the Head of Commercial and Agricultural Team – Anoop Christi

We are delighted to announce the appointment of Anoop Christi as the new Head of the Commercial and Agricultural Department. Anoop joined us in 2013 and during this time he has gone from strength to strength and is now a highly experienced and respected Commercial and Agricultural Solicitor. During the past few years Anoop assisted Peter McNamara with many of the major deals which Frazer Coogans completed for its many property and farming clients. Anoop has considerable experience of farm purchases and sales, as well as purchase and sale of commercial property, commercial leasing and investment property.

 

Anoop Christi

Delighted to announce the promotion of Linzi Harper to Associate

Another Senior Solicitor, Linzi Harper, has been promoted to Associate at Frazer Coogans. As an invaluable team player within the Private Client Department, dealing with Wills, Powers of Attorney and Executries, Linzi has been praised for her clear guidance and advice to both clients and team members. We are thrilled to announce your promotion and thank you for all your efforts to date within the firm.

Norman Geddes, Senior Director comments:-

“We are delighted to be able to announce these important advances among our key staff members. These promotions reflect the opportunity for training and advancement which Frazer Coogans has always offered to its busy team.”


Solicitors Required

Job Vacancies: Residential Conveyancing, Commercial and Rural Conveyancing, Private Client Solicitor

Summary

Due to continued expansion, we have a great opportunity for solicitors of any experience who wish to work in the attractive towns of Ayr and Prestwick, a short distance from Glasgow. We are seeking candidates who flourish in a friendly, fast-paced environment and can be a valued and respected member of our welcoming team.

What we offer you:

  • Hybrid/remote flexible working options
  • Open to part time and job share options
  • 30 Days Annual Leave
  • Birthday Day Off
  • 4pm Finish every second Friday
  • Full Support for Provided
  • Excellent Terms and Conditions

For an informal discussion, in confidence, please contact Sandra Stewart, Practice Manager or email your CV to her at Sandra.stewart@frazercoogans.co.uk

About Frazer Coogans Solicitors

Established in Ayr in 1985, Frazer Coogans Solicitors runs under current Senior Director, Norman Geddes. From humble beginnings and a wealth of experience, Geddes has led the firm into rapid expansion to now be one of the leading legal firms in South West Scotland.

In May 2015, we opened the Prestwick branch after acquiring the former firm of Lawson Russel Solicitors. The team’s drive and initiative have facilitated Frazer Coogans in being at the forefront of property conveyancing in Scotland. In 2017, the Land Register of Scotland reports saw Frazer Coogans as the Leading Firm of Solicitors in the South-West of Scotland.

Now with more than 30 staff, we pride ourselves in supporting one another and our clients. We have a friendly, approachable, and understanding attitude. We deal with some of the most complex cases, all the while maintaining excellent customer service and keeping things simple for clients.

We are committed to creating a diverse and inclusive workplace. We care about our employees and the Ayrshire community, we nurture talent and encourage ambition, and we are passionate about people who take pride in their work.

To find out more information or apply for this position, please email your CV to Practise Manager, Sandra Stewart: sandra.stewart@frazercoogans.co.uk


We're Hiring!

Job Vacancy: Residential Conveyancing Solicitor

Summary

Following years of continued growth and now with more than 30 staff, we have a great opportunity for an experienced Residential Conveyancing Solicitor to join our team. For the past two years we have seen increased demand for our conveyancing services as the market continues to prosper, and recently broke our record for the most transactions in one day. We are seeking a candidate who flourishes in a friendly, fast-paced environment, loves a challenge, and can be a valued and respected member of our welcoming team.

Your role

Joining our highly respected residential conveyancing department, you will be required manage residential conveyances on behalf of our clients across Ayr, Prestwick and Glasgow. This job is ideal for a solicitor who enjoys handling their own caseload and is ready to progress in their field.

Essential Skills:

  • Previous conveyancing experience: overseeing the conveyancing of properties in Scotland start to finish
  • Excellent time management skills
  • Case progression skills: proactively ensure cases are proceeding as they should
  • Experience with representing clients and providing legal advice
  • Ability to work confidently in a fast-paced environment

Requirements:

  • 2+ Years PQE
  • Travel to and from our Ayr Office as and when required

What we offer you:

  • Hybrid/remote flexible working options
  • Open to part time and job share options
  • 30 Days Annual Leave
  • Birthday Day Off
  • 4pm Finish every second Friday
  • Full Support for Provided
  • Excellent Terms and Conditions

About Frazer Coogans Solicitors

Established in Ayr in 1985, Frazer Coogans Solicitors runs under current Senior Director, Norman Geddes. From humble beginnings and a wealth of experience, Geddes has led the firm into rapid expansion to now be one of the leading firms in the West of Scotland.

In May 2015, we opened the Prestwick branch after acquiring the former firm of Lawson Russel Solicitors. The team’s drive and initiative have facilitated Frazer Coogans in being at the forefront of property conveyancing in Scotland. In 2017, the Land Register of Scotland reports saw Frazer Coogans as the Leading Firm of Solicitors in the South-West of Scotland.

Now with more than 30 staff, we pride ourselves in supporting one another and our clients. We have a friendly, approachable, and understanding attitude. We deal with some of the most complex cases, all the while maintaining excellent customer service and keeping things simple for clients.

We are committed to creating a diverse and inclusive workplace. We care about our employees and the Ayrshire community, we nurture talent and encourage ambition, and we are passionate about people who take pride in their work.

To find out more information or apply for this position, please email your CV to Practise Manager, Sandra Stewart: sandra.stewart@frazercoogans.co.uk


We're Hiring!

**POSITION FILLED** Job Vacancy: Receptionist/Office Assistant - Ayr

We have a great opportunity for a Receptionist/Office Assistant to join our busy team in the Ayr Office.
Full or Part Time hours considered.
You should have previous experience within an office environment and have excellent communication skills. You will be involved in everything from working on reception and handling the mail to assisting clients over the telephone and supporting our team to manage a wide range of documents and procedures.
If you think you have what it takes, please apply by sending your C.V. to sandra.stewart@frazercoogans.co.uk

 


New Scottish Legislation on Fire & Smoke Alarms 2022

What is the new law?

By the 1st of February 2022, all homeowners and landlords in Scotland are required to have interlinked alarms in their properties. Every home must have:

  • One smoke alarm in the living room or the room you use most.
  • One smoke alarm in every hallway or landing.
  • One heat alarm in the kitchen.
  • All smoke and heat alarms mounted on the ceiling and interlinked.
  • If you have a carbon-fuelled appliance, you must also have a carbon monoxide detector in that room. This does not have to be interlinked to the other fire alarms.

What is "interlinked?"

Interlinked means if one goes off, they all go off, so you will always hear an alarm wherever you are in your home.

Why is this important?

From February, if you are selling property you will need to meet these regulations for your home report.

Likewise, it can affect your house insurance in the event of a fire/claim.

For more information please visit the Scottish Government website or contact a qualified electrician. If you are seeking legal advice about property please get in touch with us. 


The #FreeBritney Movement: Do Conservatorships Exist in Scotland?

Considering the recent trending #FreeBritney movement that caused global debate around individual rights and legal responsibility, this article discusses conservatorships in Scotland, known as guardianships, and the legalities you can put in place to pre-empt unforeseen circumstances.

In case you are unfamiliar with the controversy that has taken social media by storm: pop singer Britney Spears has been under a conservatorship helmed by her father, Jamie Spears, since 2008. This legal binding was implemented by the Court who deemed Spears unfit to care for herself nor manage her own finances, which consequently saw all control handed to Britney’s father, who has been responsible for dictating pivotal aspects of the singer’s life ever since.

Now, 12 years later, fans are advocating for Britney’s freedom with the #FreeBritney movement in hopes that it will end the pop star’s conservatorship.

What is a Conservatorship?

A conservatorship, as it is called in the United States, is a legally binding mechanism by which the Court appoints a chosen individual to take legal responsibility of an adult who is incapable of managing their own affairs. What this really means, is that the ‘Conservator’ has authorised power over the ‘Conservatee’ regarding financial and medical decisions. It is therefore imperative that the elected individual is a trustworthy aid to the vulnerable adult, and acts in the best interest on their behalf.

Unlike the case of Britney Spears, conservatorships were introduced and designed to benefit the conservatee. Conservatorships (and guardianships) are usually implemented and used for people who have suffered severe cognitive impairment or for people who are older and develop severe dementia. Leslie Salzman, Clinical Professor of Law in New York, states:

"They're (Vulnerable Adults) suffering harm as a result of their inability, and they're unable to understand and appreciate the nature and consequences of their inability to manage their affairs”.

What is a Guardianship?

In Scotland, anyone with interest can apply for a guardianship order, the equivalent of a conservatorship. Similarly, a guardianship allows someone to make ongoing decisions on behalf of a vulnerable adult.

In order to obtain a guardianship, you must make an application to the Sheriff Court, which is usually done by your solicitor. The application must also be supported by two medical reports from registered practitioners who can confirm that the adult in question cannot manage their own affairs. After this a further report is required and the guardian/conservator must obtain a ‘Bond of Caution’ – an insurance policy that ensures the vulnerable person is protected financially should the guardian act dishonestly and take advantage of their access to someone else’s finances.

Once the guardianship order is granted, the court will impose very strict timescales and most arrangements are reviewed every 2-5 years.

Is there any legislation to prevent a case like Britney Spears’?

 To avoid a situation in which you have no influence on the Court appointing someone else to manage your affairs, you can arrange for a Power of Attorney to be put in place.

What is a Power of Attorney?

 Power of Attorney is a legal document which gives other people, identified by you, the authority to make decisions on your behalf if you are incapable, ensuring that all decisions made are by someone you trust and who has intent to act in your best interest.

If you are aged 16 or over and have the mental ability to make financial, business, and medical decisions for yourself, you can arrange for someone else to make these decisions for you in the future.

 What do I need to put a Power of Attorney in place?

 At Frazer Coogans, our experienced team make the process straightforward and easy. From you, we will need you to:

  • Select the chosen individual(s) you want to act on your behalf
  • Establish what PoA it is that you need. Find out the different types of PoA here.
  • Agree definitions and powers
  • Define a start date for PoA
  • Attend a quick and simple interview with one of our solicitors

Generally, most people do not consider a Power of Attorney arrangement until they are middle-aged or retired and although the pop singer’s case is an unlikely circumstance in Scotland, it serves as a reminder to anyone that making such arrangements, like POA, whenever you find the time, will protect you in the future.

To find out more information about this service or to get started, contact us on 01292 280499.


scotland property house prices

Scotland's Property Market in 2021

How has COVID-19 impacted the Scottish Property Market in 2021?

For the first time in modern history, both UK and Scottish house prices have risen during a recession. While Scotland continues to navigate its way out of lockdown, we explore what impact COVID-19 has had on the Scottish property market, particularly for Ayrshire, Glasgow and the West, and the predictions for the months ahead.

Scotland’s Solicitors Quickly Adapt to Facilitate Consumer Demand

When restrictions were put into play at the end of March 2020, homeowners, agents, and solicitors were faced with unprecedented changes to the standard conveyancing regime.

Social distancing measures were quickly introduced, the Scottish Government advised that all house moves be delayed, and not long after, in-person property viewings and valuations were no longer allowed. Nevertheless, after two weeks of lockdown, the housing market introduced virtual viewings and arrangements to facilitate on-going buyer interest, with the intention of completing property transactions when rules allowed.

Restrictions also meant homes could not be surveyed, and as most properties in Scotland require a Home Report before brought to market, there was a significant decline in volume of new property listings during the first month of lockdown throughout Scotland.

Scottish House Prices Rise: Ayrshire see the biggest increase in the country

So, as with most industries in March 2020, the future of the property market was unknown. However, buyer and seller interest remained not only prominent, but increased. After properties were brought to market, official figures by HM Land Registry found that the average house price in Scotland increased by 8.4% over the year, with transactions rising by nearly a third.  The graph below accurately depicts the surge in Scotland against pre-pandemic years:

Most notably, all three council areas in Ayrshire witnessed the largest mainland increase. North Ayrshire was up by 11.7%, South Ayrshire 13.9%, and East Ayrshire being up the most by 17.9%. Renfrewshire also saw an increase of more than 10%.

price difference of house prices in scotland

Click here for more information on other local authorities. 

What has caused the rise in prices?

Industry leaders believe that lockdowns have led to people seeking more space, with the number of ‘sales agreed’ in the last quarters of 2020 being 36% higher than the same period in 2019.

Paul Hilton, CEO of ESPC, said: “The first three months of 2021 has seen a real spike in property sales compared to the previous year. This is to be expected given how busy the market was at the end of 2020, but the LBTT holiday coming to an end in March may also have contributed to increased sales.”

To aid the financial struggles of COVID-19, the Scottish Government introduced an increased nil threshold on LBTT which was raised to £250,000 for buyers in July 2020. However, the LBTT holiday ended as of 1st of April 2021 in Scotland. As well as this, the Scottish Government provided relief by introducing the three-month mortgage payment holiday for homeowners in March and extending emergency law eviction notice period to protect renters.

Between homeowners looking to upsize, LBTT relief and solicitors and agent’s ability to deliver service remotely, the number of people looking to buy or sell during the pandemic outweighed any negative impact from the pandemic on the property market.

What’s Ahead for House Sales in Scotland?

Industry leaders, such as Savills and ESPC, predict a strong property market in the coming months, as the country sees restrictions ease and we work towards an anticipated new normal. The average Scottish house price is expected to grow further by 3% in 2021, with the overall property market growing more than 22.8% between 2021 and 2025.

What Does This Mean for Homeowners?

In the first instance, we highly advise you speak to a solicitor to get an accurate understanding of the market and your local authority. If you are in Ayrshire, Prestwick, or Glasgow, you can get in touch with us here.

As the property market has soared and is set to continue for the rest of the year, particularly in Ayrshire, 2021 could be assumed a profitable year to relocate.

The image below gives an overview of the most frequent property transactions this year in North Ayrshire:

What Does This Mean for Private Landlords?

For the Scottish Rental Market, surveyors across both Glasgow and Edinburgh found that there has been an increase in flat availability on the market, due to private landlords deciding to sell. John Brown, rental agent of Edinburgh, believes this is due to the “Covid effect”, such as landlords wishing to reduce their portfolios and void periods between tenancies. As well as that, there are added costs of new Energy Performance legislation for landlords.

For the privately rented sector (if you own and lease your own property to tenants), energy efficiency standards have already been introduced. Since October 1st, 2020, any new tenancy is now required to have an EPC of at least band E and by the 31st of March 2025, all properties will require to have at least EPC band D.

Overall, despite initial concern for the property market, most authorities in Scotland have seen an increase in the number of house sales and prices, which is set to continue for 2021.

If you have any questions, please do not hesitate to get in touch with us!

Please feel free to call us for advice.

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Land & Buildings Transaction Tax (LBTT) in 2021

Everything homeowners in Scotland should know about Land and Buildings Transaction Tax (LBTT) in 2021

Whether you are looking for your next home, to purchase additional properties, or you are a first-time buyer, there are financial factors to consider beyond the property price. In this case, you may be charged Land and Buildings Transaction Tax (LBTT) when purchasing a new property.

If you are buying a home in Scotland before the 31st of March 2021, you may pay a reduced rate of Land and Buildings Transaction Tax (LBTT) due to COVID relief. However, as of the 1st of April 2021, Scotland will end the LBTT holiday of reduced rates and the standard rates of LBTT will return as normal.

What is Land and Buildings Transaction Tax (LBTT)?

The Land and Buildings Transaction Tax (LBTT) is a tax applied to residential and non-residential land and buildings transactions including any commercial leases and is administered by Revenue Scotland. Known as Stamp Duty in England, LBTT replaced UK Stamp Duty Land Tax in Scotland on the 1st of April 2015, following the passage of the Scotland Act 2012 and the subsequent Land and Buildings Transaction Tax (Scotland) Act 2013.

Simply put, the amount of Land and Buildings Transaction Tax you may pay, depends on the price of the property, or land, that you are buying. The amount of tax is payable at different rates on each portion of the purchase price within specified tax band.

How Much is Land and Buildings Transaction Tax?

There are different thresholds for LBTT to determine how much you may pay. Importantly, the tax you pay is calculated on the percentage of the property that falls above the threshold and it is a one-off payment that must be made no later than five working days of the ‘Payment Date,’ also known as the ‘Effective Date.’

For example, if you purchase a property for £180,000, you will be charged LBTT as follows*:

0% on the first £145,000 = £0

2% on the amount above the threshold, which is £35,000 = £700

Total LBTT amount to pay: £700

*Different criteria are set for first-time buyers and multiple property owners, please see following sections.

The Scottish Budget 2021-2022 confirmed that the ceiling of the nil rate band for residential LBTT will return, as planned, to £145,000 for transactions as of the 1st of April 2021. Therefore, the table below outlines the criteria as of April 1st, 2021:

How does LBTT apply to First Time Buyers?

If you are a first-time buyer, there is a relief available which increases the current residential purchase price from £145,000 to £175,000. This means that you will be charged 0% LBTT for any property up to £175,000. Additionally, if the property price is above £175,000, there is a reduction in tax of up to £600 available for first-time buyers, the criteria is as follows:

More information including first-time buyer FAQs is available on the Revenue Scotland website.

How does LBTT apply to people who want to buy a second home?

Buyers of additional residential properties, such as a second home, are charged 4% of the total purchase price of any dwelling over £40,000 or more. This is known as the Additional Dwelling Supplement, which was introduced on the 1st of April 2016 in attempt to protect opportunities for first-time buyers.

For example, if you purchase a second dwelling for £100,000, you will be charged LBTT as follows:

4% of £100,000 = £4000

Total LBTT due = £4000

For further information and examples of Additional Dwelling Supplement by Revenue Scotland, click here.

Am I charged LBTT on the total purchase price, or the asking price of a property?

LBTT is calculated by using the total purchase price. This means that if your offering price is higher than the asking price, you will be taxed on the higher amount if it falls above the threshold, as this is the actual purchase price. This is important to note when using online LBTT calculating tools, remember to put in the amount you are offering to achieve an accurate estimate.

When is LBTT not payable?

There are some circumstances whereby property buyers are exempt from paying LBTT. For example, if you inherit land or property under the terms of a will, you do not need to inform Revenue Scotland nor will you need to pay Land and Building’s Transaction Tax. The same applies if you receive property as gift, ensuring that there is no outstanding mortgage on it.

How can I find out the LBTT of a property?

To find out how much LBTT you could be liable to pay, there are several calculators available online:

 

Click here to use Money Advice Service’ LBTT calculator.

 

Click here to use Revenue Scotland’s LBTT calculator.

How can I pay LBTT?

In most cases, your solicitor will handle any Land and Buildings Transaction Tax due to be paid to Revenue Scotland by submitting the return on your behalf. However, as the property buyer, you are solely responsible to ensure it is submitted and on time (within 5 working days of the ‘Effective Date’). Please note you must still submit a return even if you fall below the threshold and are not due to pay LBTT.

To find out how to submit a return, click here.

So, if you are planning to join (or climb!) the property ladder, it is important to be aware of how LBTT could affect you financially. At Frazer Coogans, we will make sure you know this, and deal with the LBTT return on your behalf. If you have any further questions about LBTT, or are looking for a property solicitor, get in touch with us.

Please feel free to call us for advice.

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The Importance of an Energy Performance Certificate

How important is your Energy Performance Certificate when buying or selling property?

What is an Energy Performance Certificate?

Introduced in 2002 by the European Union, an Energy Performance Certificate (EPC), also known as an Energy Efficiency Rating, is an instrument of the Energy Performance of Buildings Directive that calculates the energy performance of a property from A (Most Efficient) to G (Least Efficient) and is valid for ten years.

Becoming effective in Scotland from December 2008, all properties are legally required to have a valid EPC at the time of construction or conveyancing, and it must be made known to any potential buyer of a property in the Home Report. Similarly, all landlords must order an Energy Performance Certificate for potential tenants before marketing their properties to let.

In Scotland, you are legally required to display the EPC somewhere in the property – most people usually find it in their meter cupboard or next to the boiler.

So, why is it important?

From a consumer perspective, firstly, it is a legal obligation to obtain and display your EPC, and as such, property owners can face penalties for lack thereof.

Secondly, if you are looking to buy or lease, the EPC will provide information about a property’s energy use and typical energy costs, giving you an accurate estimate of potential bills. Likewise, if you are looking to sell, it can either decrease or increase the value of your property. For example, property with a relatively high energy performance level (A-C), will usually have a higher market price than that of a weaker performing residence as more money has been invested into the energy development and performance.

Although there are initial costs, implementing effective energy-saving strategies such as solar energy, double glazing, insulation and renewable electricity can increase both your EPC rating and property value. Included in the EPC is a recommendation report that should provide information to help reduce the running cost of the property even further. To find out how you can reduce costs and save money with your bills, click here.

Additionally, from a Government perspective, it allows professionals to assess the country’s overall energy ratings per city, council and property type in accordance with the energy efficiency standards. This enables leaders to gain a sound understanding of the areas in need of energy improvements and set accurate and realistic energy-saving objectives for the country.

Overall, as a consumer, it’s important to understand the value and significance of a property’s EPC when selling or buying property. In a world where leaders are accelerating renewable energy plans and strategies, the future value of your home will be impacted, should you ever decide to sell.

What if I have a low Energy Performance Rating?

Currently in Scotland, there is no legal duty for homeowners to have a specific performance rating. However, the Scottish Government are continually working towards improved energy efficiency for the country and have set long-term domestic objectives for all sectors. By 2040, Scotland aim to have all residential properties to have achieved an EPC rating of at least C (69-80 on scale of 0-100).

For the privately rented sector (if you own and lease your own property to tenants), energy efficiency standards have already been introduced. Since October 1st, 2020, any new tenancy is now required to have an EPC of at least band E and by the 31st March 2025, all properties will require to have at least EPC band D.

So, although most homeowners don’t need to worry about their EPC score just yet, it’s important to be aware of what’s coming. Besides, it’s not the worst thing to invest your time and money into. You’ll improve your property performance and be contributing to the global fight against climate change.

How do I find out my Energy Performance Rating?

If you don’t have an EPC located in the house, you should be able to source it online. Otherwise, when selling your home, you would obtain a Home Report which should contain the EPC and any recommendations for improvement.

For properties sold or let after the 4th of January 2009, your property should already have an EPC. You can find it out by following this link and entering your postcode.

If you can’t find it there, you can have an Energy Performance Assessor visit your home and provide one after assessment. Please note this service may be restricted due to COVID-19.

Now go on, go check the boiler. You know you want to…

Please feel free to call us for advice.

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Expansion with Lamonts Solicitors

Delighted to announce expansion with Lamonts Solicitors

Leading Ayr based law firm Frazer Coogans Solicitors are delighted to announce that they have further expanded in Ayr with the acquisition of the assets of the firm of Lamonts Solicitors, 16 Miller Road, Ayr.

Mark Meehan and Eileen Lamont have run Lamonts Solicitors for over 34 years, establishing an enviable reputation for service. Mark Meehan will now take retirement and Eileen Lamont will stay on with Frazer Coogans as a part time consultant. The staff of Lamonts solicitors transferred over to Frazer Coogans on 1st November 2019 and Frazer Coogans will trade from 16 Miller Road, Ayr as well as their principal office at Dalblair House, 46 Dalblair Road, Ayr and other offices.

Frazer Coogans Solicitors was originally established in Ayr in 1985. In 1995 the current Senior Director, Norman Geddes, took over the firm. From a small beginning Norman has led Frazer Coogans into rapid expansion to be one of the leading firms in the West of Scotland. In May 2015, Frazer Coogans opened their Prestwick branch, acquiring the former firm of Lawson Russell Solicitors. In 2018 Frazer Coogans expanded to have an office in Glasgow.

Norman Geddes, Senior Director of Frazer Coogans commented “I wish Mark a long and happy retirement and assure him that Frazer Coogans will continue to provide the excellent service which Lamonts have provided to their clients over the past 34 years . We welcome the new staff members to our busy team and look forward to this new chapter”.

With 11 Solicitors and a total of over 40 employees, Frazer Coogans prides itself in providing a comprehensive legal service at a competitive cost. It looks forward to also providing a first class service to all of the clients who transfer from Lamonts.

Please feel free to call us for advice.

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