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Chain: The parties involved in a
transaction i.e. Mr A buying from Mr B buying from Mr C (here
there are 3 in the chain).
Completion date: The date when the transaction relating to
the sale/purchase of a house are completed. The date you move /
become the owner.
Completion statement: A
financial statement from the solicitor detailing all financial
transactions. The statement includes all costs.
Conditions of Sale: The terms by
which the buyer and seller agree to sell/buy the property. The
Law Society sets standard conditions. The lawyer sets special
conditions.
Contract: The legally binding
agreement specifying all of the detail of the house sale or
house purchase. The contract legally commits both the buyer and
the seller to the transaction. The house seller's conveyancing
lawyer draws up two copies of the same contract, and each party
signs their own copy. When both parties are ready to legally
commit, the two contracts are exchanged.
Conveyancer: The Property Lawyer
who manages all of the matters arising from the sale of a house
or the purchase of a house. Can be a Solicitor or a Licensed
Conveyancer.
Conveyance or transfer: The legally binding document that
transfers the rights and burdens and the benefit of the land.
Council for Licensed Conveyancers:
A regulatory body for Conveyancing with whom all conveyancers
should be registered.
Deeds: Legal title document
which provides historical information about the property.
Deposit: The amount paid to
exchange of contracts, which is only refundable in exceptional
circumstances. Contracts provide for 10% of the purchase/sales
price but can often be negotiated to a lower level.
Disbursements: Out of pocket
expenses paid by the Solicitor / Licensed Conveyancer on the
buyers behalf such as stamp duty, land registry charges and
search fees.
Easement: A right given to the
house owner over an adjoining property (e.g. right of way).
Exchange of contract: The point
that both parties are committed to the transaction. This is set
at a time and date.
Fixtures and Fittings: A list of
the items at the property, which are either included or excluded
from the agreed price.
Freehold: One of the two current
tenures of land recognised by English law. This recognises the
whole of the land not just a building.
FSA: The financial Services
Authority is an independent government body concerned with
consumer protection in the financial market.
Gazumping: When the house seller
accepts a higher price offer from another house buyer after the
initial offer has been accepted.
Gazundering: When the house
buyer lowers his offer after the sale has been agreed.
Indemnity insurance: An
insurance taken out by conveyancing firms to cover losses to
clients arising from errors or fraud in dealing with their
matters.
Land registry fees: Fees paid by
your conveyancing lawyer on the buyers behalf to register the
ownership of property with the Land Registry.
Land Registry: The official body
responsible for recording the ownership of land.
Leasehold: The second current
tenure of land recognised by English law. This is over a term of
years and not forever. There will be a landlord who will own the
freehold. This usually relates to a flat or apartment.
Licensed Conveyancer: A Licensed
Conveyancer is a specialist property lawyer, someone who is
trained and qualified in all aspects of the law dealing with
property. Licensed conveyancers are sufficient to secure
adequate protection for consumers and that the conveyancing
services provided by such persons are provided both economically
and efficiently.
Mortgage Deed: The legal
agreement that gives the lender a legal right to property.
Mortgage Fees: Normally charged
by your Financial Advisor for acting on behalf of your bank or
building society.
Mortgage: A loan to help you buy
your house. The loan is secured on the property to prevent you
selling the property without paying it off at the same time.
Redemption Fee: A penalty which
can be charged by your existing mortgage lender if you pay off
your mortgage early or your move to a different mortgage.
Searches: A method of checking
matters that may affect the value of the property. The only
obligatory one before exchange is a Local Authority Search which
covers items such as road maintenance, planning applications
etc. The search covers the property not the surrounding area.
Stamp duty: A government tax
payable by every home buyer of a property over £60k. Duty is
charged at 1% for homes priced between £60k and £250k. The rate
is 3% for homes over £250k but not more than £500k. For homes
over £500k the rate is 4%. If the property falls in a
disadvantaged area and is being sold for £150,000 or less then
no stamp duty is payable.
Structural survey: A survey
giving details about the building and its integrity.
Subject to contract: A
provisional agreement between the house buyer and the house
seller that is not legally binding.
Transfer document: The final
document that transfers the property from the house seller to
the house buyer.
Valuation Survey: A survey to
allow a property value to be determined for mortgage purposes.
This is not to be confused with a structural survey.
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