The
Completion Date.
This is
the point at which ownership of the property is transferred
from the seller of the property to the buyer.
The date itself is agreed between yourself, your solicitor
& the "other side"
Because
there is a certain amount of negotiation involved,
with this Date, please don't organise removal firms
etc until your solicitor has named the day !
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Exchange Of Contracts.
At the
point at which your solicitor confirms that Contracts
have been Exchanged the process becomes "legally
binding".
Hence the
Seller must sell and the Buyer must buy. The two solicitors
(for the Seller & Purchaser) Exchange Contracts
over the Telephone.
Until Contracts are Exchanged NOTHING is binding
upon either party.
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The Deposit.
This is
the amount of money the Solicitor will ask for prior
to Exchange of Contracts. Usually you'll be asked
for the money about a week in advance of the Exchange.
Under normal circumstances the Deposit will be between
5 to 10% of the Purchase price.
If the
transaction falls through, after Exchange, you may
forfeit your deposit as a penalty.
Additionally
you may be liable to pay Compensation to the "other
side".
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The Contract.
This is
the written Agreement between the Buyer and the Seller.
As a confirmation
to all parties the Contract confirms the agreed price,
details about the property itself and the names of
the two parties involved in the process.
Each party
signs their own copy of the Contract. When both parties
are ready to legally commit to the transaction the
two Contracts are Exchanged.
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The Title Deeds.
These act
as proof that the individual selling the property
is entitled to actually sell the property. It also
confirms any rights or obligations associated with
the property.
In the past your bank or building society may have
held the Title Deeds. It's more the case these days
that the Title Deeds will be sent to you on Completion
- please keep them safe.
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The Transfer Deed.
This is
the document that transfers the ownership of the property
from the seller to the buyer.
It lists the Completion date and is sent to the Land
Registry after Completion takes place. The Land Registry
need this document in order to change their records
and show the buyer as the new owner of the property.
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The Land Registry.
An entity
set up in 1925 which retains details of who owns the
land.
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The Title
Freehold.
Ownership
of both the property and the land it stands on.
Leasehold.
Ownership
of the property but not the land on which it stands.
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The Legal Fee.
This should
simply be the cost the solicitor charges you to act
on your behalf.
It's important, before signing up with a Solicitor,
to confirm what you're actually getting for your money.
Solicitors
can sometimes list "supplemental" fees as
a method of hiding their true fees - it's worth clarifying
these costs at the outset.
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The Search or Searches
These
are designed to provide relevant facts about the area
surrounding the property you are buying.
Issues
such as who maintains the roads (adopted vs unadopted),
whether there have been any recent planning applications
as well as a number of other things are detailed.
In certain
situations (depending upon your Lender, the recommendations
of your solicitor and your area) you maybe asked to
pay for a number of specialist Searches.
Commonly
these maybe Environmental, Drainage, Coal Mining or
Chancel searches etc.
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The Mortgage.
This is
the "loan" used to purchase the property.
You cannot sell the property without paying off the
mortgage.
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Redemption.
The final
payment of the mortgage.
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Redemption Fee.
This is
a penalty you may incur if you "redeem"
the mortgage early. Your Lender should be able to
confirm the amount owed.
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Stamp Duty.
A tax
levied by the government. The Threshold is periodically
lifted but at present it only starts for properties
above £125,000.
If you pay from £125,001 to £250,000 then
the 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 £500,001 it is
charged at 5%.
Very unpleasant
!
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The Survey.
This
is the report prepared by your Surveyor on behalf
of the Lender. It confirms the physical state of the
property.
In general terms there are three types of survey;
The basic is the
"Building Society Valuation". The intermediate
survey is the "House Buyers report". The
most comprehensive survey is the "Full Stuctural
survey ".
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