Chain: All parties involved in a transaction i.e. Mr A buying from Mr B buying from Mr C (there are three parties in this chain).
Completion Date: The date when the transaction (either the sale or purchase of a property) is completed, i.e. the date you become the owner.
Completion Statement: A statement from the solicitor detailing all financial transactions, including 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 details 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, 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 contracts which is only refundable in
exceptional circumstances. Contracts provide for 10% of the
purchase/sale price but can often be negotiated to a lower level.
Disbursements: Out-of-pocket expenses paid by the solicitor/licensed conveyancer on
the buyer's 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.
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 (FSA) is an independent body that regulates the financial services industry in the UK.
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 buyer's 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 unlimited. 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.
Early repayment charges: A penalty which can be charged by your existing mortgage lender if you
pay off your mortgage early or you 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 and planning applications.
The search covers the property not the surrounding area.
Stamp Duty:
A government tax payable by every home buyer when
purchasing a property over £125,000. Duty is charged at 1% for homes
priced between £125,001 and £250,000. The rate is 3% for homes between
£250,001 and £500,000. For homes over £500,000, the rate is 4%. And for
properties above £1,000,000 5%. If the property is being sold for less
than £125,000, no stamp duty is payment is required. First-time buyers
can secure a two-year temporary stamp duty relief up to £250,000, from
25 March 2010.
Click here for more information.
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.
White Hot Property: A property that has been acquired by a developer or financial
institution as part of a part-exchange, repossession or probate
transaction and is priced to achieve a quick sale.