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Need help understanding confusing property jargon? Below is
a list of the terms you are likely to come across when using our service
- whether you are buying, selling or remortgaging a property:
Completion Date
This is the date that ownership of the property passes from the
seller to the buyer.
The seller and buyer should discuss dates between themselves ad then
notify their respective solicitors who will try to fit in with the suggested
date. If there are unforeseen delays, for example, if the buyer does
not receive a search or mortgage offer in time, or the "cash buyer"
turns out to have a related sale then the completion date may have to
be revised. For this reason you should not make any firm commitments
such as giving notice on a job, arranging removals or making holiday
bookings without first contacting us so that we can advise you of the
situation.
Only when contracts are exchanged and a completion date is fixed can
you be virtually guaranteed that the completion date will be met. It
is not essential for you to be present on the completion date but if
you are going to be away, then you should let us know so that we can
arrange for one of your relatives (or ourselves) to act for you through
a Power of Attorney.
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Contract
This is the agreement between the buyer and the seller. It sets
out the main terms of what has been agreed such as the property, the
price and the names of the parties. It also deals with the process if
something goes wrong. Rather than making the buyer and the seller meet
to sign the same contract, the seller's solicitor 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.
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Deposit
This causes a lot of confusion. When most people talk about the deposit
they mean the part of the purchase price that the buyer is putting down
him/herself (i.e. usually the difference between the amount of the mortgage
and the purchase price). When Solicitors talk about the deposit they
are talking about the money that is handed over to the seller's Solicitors
upon exchange of contracts. This might be the same amount, but it might
not.
On exchange of contracts the seller can insist on receiving from the
buyer a 10% deposit of the purchase price. However as many people are
not contributing as much as 10% to the purchase, reduced deposits are
often agreed. You should be aware, however, that if you are a buyer
and you pay a reduced deposit then fail to complete the purchase through
no fault of the seller, you will, under the terms of the contract, be
required to make the deposit up to the full 10%. You may also have to
pay compensation to the seller if the seller loses out through your
failure to complete.
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Environmental Search
This is carried out check if there are any known environmental issues affecting the property, these include matters such as landfill or waste disposal sites in the area, if the property has been built on an old industrial site and whether there are any risks from contaminated land, toxic emissions, flooding, subsidence etc.
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Exchange Contracts
This is a very important moment. From the minute contracts are exchanged,
the matter becomes binding. From that moment on, the seller must sell,
the buyer must buy, it must be done at the price stated in the contract.
Until contracts are exchanged NOTHING is binding - either party can
walk away from the transaction with no penalty.
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Fixtures, Fittings and Contents Form
This is a list of the items at the property which are either included
or excluded from the agreed price. This form is completed at an early
stage by the seller and sent to the buyer, so that both parties understand
what is included in the selling price. If you are the seller, when you
let us have the form we will send you a copy back so that you know what
you have agreed on it. If you are the buyer we send you a copy of the
form as soon as it is received by ourselves from the sellers solicitors
so that any difficulties can be resolved at an early stage.
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Freehold
Ownership of both the property and the land it stands on.
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Indemnity Contribution
Indemnity insurance is taken out by all Solicitors to cover losses to
clients arising from errors or fraud in dealing with their matters.
Drummonds is required by the Law Society to pay for this insurance
in respect of every transaction, and some solicitors recover the premium
from their clients.
If you use Online Conveyancing, you do not have to pay an additional
amount in respect of Drummonds' indemnity insurance.
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Land Registry
A Central body that retains records of who owns the land, and under
what conditions.
This was set up in 1925, to simplify the conveyancing process. Not
all land in England and Wales is registered today. This is partly due
to the fact that land can only be registered following certain "triggering
events". The Land Registry has their own website which provides
useful information. See our Useful Links page
for a link to their site.
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Leasehold
Temporary ownership of the property but not the land on which it stands.
When the lease expires ownership of the property reverts back to the
freeholder.
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Legal Fee
This is a fixed cost that covers the cost of the time our property lawyers
spend on your conveyancing.
If the sale or purchase does not complete then we will not charge
you any legal fees, only the disbursements we have incurred (searches,
post, copying etc).
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Local Authority Search
This is a list of questions about the property, which are sent to
the local authority. It covers such items as, whether the road serving
the property should be maintained by the council, whether there have
been any planning applications on the property, and a number of other
things.
The search is against the property only and does not cover the surrounding
area. A word of warning - the search will not show any Planning Permissions
or matters affecting land or buildings outside the boundaries of the
property. It is important that you let us know at the start of the transaction
if you require information on any particular point or if you wish us
to ask any particular questions of the local authority. We would not
normally advise a buyer to exchange contracts without a satisfactory
local authority search.
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Mortgage
This is a loan to help you buy the house. The mortgage is 'attached'
to your title deeds, and means that you cannot sell the property without
paying it off at the same time.
Contracts should not be exchanged until an acceptable written mortgage
offer has been received. It is not enough that you have had verbal confirmation
from you bank or building society that they will grant you a mortgage.
In many cases a mortgage may be supported by an endowment, pension
or mortgage protection policy and in these circumstances we must confirm
to the lender before exchange of contracts that whether there are existing
policies or arrangements have been made for new policies to be brought
into effect immediately contracts are exchanged.
If you are selling, we will contact your mortgage lender at an early
stage to ask how much it will cost to pay off the mortgage - we will
send you a copy of this figure. You may find that you will be charged
a financial penalty if you pay the mortgage off early. This is a consideration
to be taken into account when agreeing a completion date, and often
applies when your existing mortgage was set up on a fixed rate, or you
obtained a 'cashback' figure.
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Mortgage Deed
The legal charge of the property to the mortgage lender until such
time as the loan is repaid.
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Mortgage Fees
These fees are normally charged for acting on behalf of your bank
or building society.
We do not charge an additional fee for acting on behalf of your
bank or building society.
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Property Information Form
This is a questionnaire about the property completed by the sellers.
It covers such items as guarantees, neighbour disputes and boundaries.
If you are buying then time can be saved if you tell us at an early
stage if there are any particular points about the property that concern
you. We can then ask the seller's solicitors the relevant questions.
If you are selling and the buyer's solicitor asks a question to which
you do not wish to give an answer to, for whatever reason, it is essential
that you discuss it with us. Failure to disclose information could give
the buyer grounds for taking action against you.
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Redemption
The final payment of a mortgage loan.
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Redemption Fee
Penalty sometimes incurred if paying off a mortgage early.
We do not charge an additional fee to redeem (pay off) your existing
mortgage.
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Searches Pack
This specially negotiated search pack includes Local Authority, Water/Drainage and Environmental searches, all for one fixed fee.
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SMS Updates
SMS Stands for Short Messaging Service. Online Conveyancing is now able to offer this as part of our conveyancing service. If you wish to use this service we will send a text message to your mobile phone to confirm each key stage of the conveyancing process.
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Stamp Duty
This is simply a tax charged by the government, and only affects
you if you are buy property for more than £125,000. It is paid by the
buyer.
If you buy for exactly £125,000 you pay nothing in stamp duty; if you
pay from £60,001 to £250,000 stamp duty is charged at 1% on the whole
of the purchase price. From £250,001 to £500,000 it is charged at 3%,
and above £500,000 it is charged at 4%.
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Survey
This is a report carried out by a surveyor on the physical state of
the property you are buying.
If you are buying a property you should be aware that the property
is "sold as seen". It is for you, as the buyer, to discover any physical
defects by means of inspections and surveys.
Most houses are bought with the assistance of a mortgage and the bank
or building society, will require a mortgage valuation. However, this
is not a survey - it merely ensures that they property is of sufficient
value to protect the lender's interest. Our advice is that you should
at least have an RICS Homebuyer's Report prepared by a qualified surveyor.
This will cost more than a mortgage valuation but it is advisable. It
is possible to go one step further and have a full structural survey
(initially you should not chose this option unless the surveyor who
carries out the Homebuyer's Report thinks any matter should be investigated
further).
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Title Deeds
These documents firstly act as evidence that the person selling
the property actually owns it, and secondly set out any rights or obligations
that affect the property.
If you are selling, then valuable time can be saved if your title
deeds can be obtained by us at an early stage. If you have a mortgage
then your bank or building society will be holding your title deeds.
We will need to know your mortgage account number and the name and address
of the lender. Some lenders charge a fee to send out your deeds but
this will normally be added to your mortgage account.
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Transfer Deed
This is the document that passes the ownership of the property from the seller to the buyer.
It is dated with the completion date, and will be sent to the Land Registry after completion. The Land Registry need this deed to change their records, and show the buyer as the new owner of the property.
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Water Drainage Search
This provides Confirmation of whether the property is connected to a public or private water supply. Confirmation of how the property is billed for the water and wastewater charges (either rateable value or water meter). Confirmation of whether the property is connected to a public sewer or septic tank or other private disposal facilities. Confirmation whether the property is close to or is affected by water mains or public sewers.
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Web Tracker
By using your personal Web Tracker you can follow the progress of
your conveyancing over the web, 24 hours a day, 7 days a week. The data
is updated regularly, as soon as a new stage is reached in your case.
Web Tracker also gives you access to useful downloads to assist
with your move.
Here is an example of what you might see once you have logged into
your personal Web Tracker page:
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