Chartered surveyor
A RICS (Royal Institute of Chartered Surveyors) surveyor is legally entitled to carry out surveys on properties.
Completion date
The date on which the ownership of the property passes from buyer to seller. Usually this happens some time after exchange, though it is possible to have simultaneous exchange and completion.
Contract
The agreement setting out the terms of the sale between buyer and seller. This will be drawn up by the seller’s solicitor, but will be subject to negotiations before being agreed.
Deposit
Not the same as the deposit that you put down when you take out a mortgage (e.g., you put down 20% and the lender lends 80%). In conveyancing, the deposit is the amount (usually 5 – 10%) paid by the buyer to the seller upon exchange.
Disbursements
This just means “expenses” such as the cost of search fees and land registry fees. Check that disbursements are included in your quote otherwise your bill could be a lot higher than you expect.
Environmental search
A search carried out to check whether the property may be affected by things like flooding, landfill, waste disposal, contaminated land, etc.
Exchange
The exchange of contracts between buyer and seller. Once exchange has taken place the contract is legally binding and if the buyer fails to complete then they may forfeit their deposit (unless they were misled into signing the contract).
Fixtures, fittings and contents form
A form prepared by the seller setting out what fixtures and fittings (e.g., curtains, electrical appliances) are included in the sale, which ones may be included and at what price and which ones are negotiable. It may be included in the HIP, but does not have to be and can be given after an offer has been made.
Freehold
When the owner of the property also owns the land on which it is built.
HIP
Home Information Pack containing basic information and search results for the property. Since 6th April 2009 HIPs have been compulsory and you are required to have a HIP before you market your property (though some documents can be added later as long as it’s within 28 days of commencing marketing).
Indemnity contribution
Solicitors must take out insurance to protect their clients in the event of mistakes or fraud when dealing with their case. This is 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 leasehold property does not include the land on which it stands, which is owned by the freeholder. Once the lease expires ownership of the property goes 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.
Ask your solicitor what area the local authority search covers. If it only covers a limited area you may want to ask for additional enquiries in relation to adjoining areas.
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
This is a legal document that gives the mortgage lender rights over the property while the mortgage is being repaid.
Mortgage fees
Fees charged by conveyancing solicitors for acting on behalf of their client’s bank or building society.
Mortgage valuation
The valuation survey carried out on behalf of your bank or building society before it will lend on a property to ensure the property is worth at least the amount they plan 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
Some banks charge a penalty fee for paying off a mortgage early or if the mortgage has only been in place for a certain number.
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
Also known as Stamp Duty Land Tax (SDLT). This is the tax charged by the government for buying a property and is usually paid by the buyer. The amount varies depending on the value of the property.
Surveys
A Chartered Surveyor will carry out a property survey at the request of the buyer. This can look at various things such as the structure of the building and is value. Depending on the kind of surveys costs vary significantly. (Not the same as the valuation survey carried out by a lender.)
Title deeds
The documents that prove ownership of a property and which set out any rights or obligations affecting the property. If the property is mortgaged then the deeds will be held by the mortgage lender.
Transfer deed
Also known as a TR1, this transfers ownership of the property from the seller to the buyer. It is completed by the buyer’s solicitor following completion and sent to the Land Registry.
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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