Conveyancing – Legal Jargon Buster
Friday, February 26th, 2010Chartered surveyor
A RICS (Royal Institute of Chartered Surveyors) qualified surveyor who is entitled to carry out a survey on a property.
Completion date
This is when ownership of the property passes from buyer to seller. Usually it is after exchange, though simultaneous exchange and completion is possible.
Contract
This sets out the terms of the sale between buyer and seller. It is drawn up by the seller\’s solicitor and will then be negotiated.
Deposit
Not to be confused with the deposit that you agree to put down when you take out a mortgage. In the context of conveyancing, the deposit is the amount (usually 5 – 10%) paid by the buyer to the seller upon exchange of contracts. Once exchange has taken place the contract is a legally binding document and if the buyer fails to complete then they may forfeit their deposit (unless they were misled into signing the contract).
Disbursements
This is the fancy terms for \”expenses\” used by solicitors. Disbursements will include things like search fees and land registry fees. Check that disbursements are included in your quote (most are known in advance) otherwise your bill could be a lot higher than you expect.
Environmental search
A check on records for things like flooding, landfill, waste disposal, contaminated land, etc. that might affect the property.
Exchange
The swapping of signed contracts between buyer and seller. Once exchange has taken place the contract is legally binding and the buyer may lose their deposit they don\’t complete (unless they were misled into signing).
Fixtures, fittings and contents form
This sets out what fixtures and fittings are included in the sale, which ones may be included at a specified price and which ones are negotiable. It can either be included in the HIP or sent after an offer has been made. It is prepared by the seller.
Freehold
When the property comes with the land on which it is built.
HIP
A HIP or Home Information Pack contains information and search results for the property. HIPs are now compulsory and you are required to have a HIP before you market your property (though some documents can be added within 28 days of putting the property on the market).
Indemnity contribution
Insurance taken out by solicitors to protect their clients in the event of mistakes or fraud when dealing with their case (and usually charged to the client).
Land Registry
The Land Registry keeps records of land ownership. When a property is sold it is the buyer\’s solicitor\’s job to make sure that the transfer is recorded at the Land Registry.
Leasehold
A leaseholder owns the propertyonly for the term of the lease and does not own the land on which it stands, which is owned by the freeholder. Once the lease ends ownership of the property passes back to the leaseholder.
Local authority search
A search of local authority records for things that may affect the property, such as: whether the road the property stands on is maintained by the council; planning applications that may affect the property; possible planning restrictions; and rights of way.
Check the area covered by the local authority search. If it only covers a limited area you may want to ask for additional enquiries.
Mortgage
The loan from your bank used to buy a property. Because the mortgage is linked to the property being bought the property cannot be sold until the mortgage is paid off.
Mortgage deed
The legal charge that gives the mortgage lender rights over the property until the mortgage has been repaid.
Mortgage fees
Fees charged by conveyancing solicitors for acting on behalf of their client\’s bank or building society.
Mortgage valuation
This is the valuation survey carried out by your bank or building society before they will lend on a property. It is to make sure that the property is worth at least the amount they are proposing to lend. It should not be confused with a property survey (of which there are different kinds) carried out by a Chartered Surveyor – see Surveys.
Property information form
A questionnaire to be completed by the seller covering basic information about the property. The seller is legally obliged to answer the questions honestly.
Redemption fee
Banks will often charge a redemption fee for paying off a mortgage early. Sometimes this only applies for a certain number of years after the mortgage is taken out.
Redemption payment
The payment made in order to pay off the outstanding balance of a mortgage.
SDLT
Stamp Duty Land Tax – see Stamp Duty
Stamp duty
Officially known as Stamp Duty Land Tax (SDLT). This is the tax charged when buying a property and is usually paid by the buyer. The amount is based on the value of the property.
Surveys
Not to be confused with a valuation survey carried out by a lender. A property survey is carried out by a Chartered Surveyor and can look at various things such as the structure of the building and its value. There are different kinds of surveys and their costs vary significantly.
Title deeds
Documents that prove ownership of a property and set out any rights or obligations affecting the property. If the property is still mortgaged they will be held by the lender.
Transfer deed
Known also as a TR1 (its official form number) this transfers ownership of the property. It is prepared by the buyer\’s solicitor after completion and sent to the Land Registry so the transfer can be recorded.
Water and drainage search
A search of the properties water and drainage supplies. It will check whether these are connected to the main water supply and sewerage system and how the property is billed for these services.
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