Property Jargon

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 and 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 land registry charges and search fees.

Easement

A right given to the house owner over an adjoining property (e.g. right of way).

EPC

Energy performance certificate – a mandatory document showing the likely energy usage of a particular property.

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 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 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 who is trained and qualified in the transfer of property.

 

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.

Redemption Fee

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.

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.