
The terms
and expressions used in residential sales and purchases can
be confusing – to
try and make sense of these and make the whole process easier
to understand, here a few of the more common terms and expressions
with an explanation of their meaning:
Completion – the completion date is agreed on exchange
of contracts and is the date when the buyer’s solicitors
send the money required for completion to the seller’s
solicitors and the transfer or conveyance is dated. It is
the date everybody moves house. Each owner should be moved
out of their existing property by 2pm on the completion date
unless otherwise agreed. Keys are usually collected from
the agents once the seller’s solicitors have received
all money due.
Completion statement – a few days before the completion
date the buyer will receive a completion statement showing
the amount the buyer’s solicitor needs to complete
the transaction. The completion statement will show the purchase
price of the property, less any deposit paid on exchange
of contracts, and the net mortgage advance. It will include
all fees which the solicitor has to discharge at or after
completion. The amount shown at the bottom of the completion
statement is the sum required by the buyer’s solicitor
from the buyer at least four days before the completion date.
Contract – this forms the basis
of the deal between the seller and the buyer. The contract
records the names
of those involved, the price, any deposit, and details of
the property. It also records any special arrangements as
between the parties prior to exchange of contracts.
Deposit – this is the sum of money
paid by the buyer on exchange of contracts. It is normally
10% of the purchase
price, but may depend on how much the buyer is borrowing
by way of mortgage.
Exchange of contracts – this is
the point at which the seller and buyer, through their
solicitors, become fully
committed to the sale and purchase. At exchange a completion
date is agreed, the deposit is paid and the terms of the
sale are finalised. Sellers should be aware that the estate
agents are usually then due their commission.
List of the fixtures
and fittings – this
lists what is being left or taken from the property.
Local search – this document provides the information
the Local Authority has about the property including planning
details and possible road closures. It does not include information
about the properties or land adjacent to it – separate
enquiries are necessary if you have any concerns about these.
Mortgage – it is by way of the mortgage deed that
the Bank or Building Society lending money to the buyer for
the purchase of the property obtains protection for the money
lent. This means that the property cannot be sold, transferred,
altered or prejudiced in any way without the lender’s
consent. A book of conditions is supplied with the mortgage
deed – this should be read very carefully by the borrower.
Mortgage offer – once the lender
has completed its survey and enquiries about the property
it will issue the
buyer with a mortgage offer. This shows how much the lender
is prepared to lend and on what terms. The buyer should read
the offer document very carefully and ask his or her solicitor
about any terms about which he or she is unsure.
Property Information
Form – this form is either completed
by or based on information give by the seller and is sent
by the seller’s solicitor to the buyer’s solicitor.
It should gives detail of the general use of the property,
boundaries, guarantees, occupiers and other matters of that
nature.
Solicitors’ account - a few days before the completion
date the seller’s solicitor will send the seller an
account showing the sale fees, the amount to pay off the
mortgage (if any) and the amount required to settle the estate
agent’s account. Any surplus on the sale will either
be sent to the seller or applied to the related purchase
(if any).
Transfer or conveyance – this document
is signed by the seller and the buyer. It transfers ownership
of the property
to the buyer at completion.
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