The Jargon Buster Directory is your central resource for locating
an explanation to typical terms found for within all industries , professions
and governments.
Use our directory to locate and decipher jargon that you would like an
explanation for.
Keeping our directory up to date and to include all the spheres where jargon
is used is a never ending task for us. We have started with what we can locate
but but it is a vast subject and can be very niche specific.
Are you in a profession or industry that uses jargon that is NOT included
here? Then why not send us your own jargon buster text and we will include
it within our database. to say thank you we will provide you with a return
link back to your web site.
Legal jargon is perhaps the one area of life that usually affects
us all at some stage in our lives whether it be from buying a house to making
a will.
Lawyers and Solicitors are masters at inventing and always using legal
jargon often to hide responsibilities or what a document may really mean.
They say legal jargon is required to be precise and to eliminate doubt but
the plain English brigade confirm that most legal jargon can
be quite adequately explained in other words or phrases more readily understood
as plain English.
Many people caught out by the law or breaking terms and conditions for example
are simply victims of this over used legal jargon. Most people
reading a contract fail to fully read let alone understand a whole host of
legal jargon text that is badly presented, small or over complicated.
You would be amazed at the onerous terms and conditions a clever lawyer or
Solicitor can hide within a volumous swaith of A4 text with very few headings,
broken paragraphs or readable pagenation. The term the devil is hidden in
the detail comes directly from this legal jargon scam.
Legal Jargon
Bankruptcy Search: A search on behalf of the lending institution to ensure
you are not bankrupt.
Charge: See Mortgage
Charge Certificate: See Land Certificate (below)
Completion Date: The moving date. The day you move out or move in.
Contract: The formal document which when signed and exchanged binds the seller
and buyer to each other to complete the transfer of the property. It normally
includes details of the price, the parties, description of the property and
any other terms.
Conveyance: The document transferring ownership of unregistered land.
Co-Ownership:If more than one person buys a property then there has to be
an agreement as to the percentage of ownership and what happens when either
party dies unless the survivor of the co-owners is to take the property,
the agreement is called a Declaration of Trust.
Covenants: Things the owner of a property must or must not do. Those the
owner must do include repairs. See also Restrictive Covenant.
Declaration of Trust: See co-ownership
Deposit: The amount of money put down by a buyer on exchange of Contracts
(usually 5% or 10% of the purchase price) as evidence of his good faith to
proceed. This can be forfeited by the seller in certain circumstances if
the buyer fails to complete.
Easements: Rights that your property enjoys over other properties or other
properties enjoy over yours, eg rights of access.
Exchange of Contracts: The moment that the Contract becomes binding on both
seller and buyer when both parties are bound to continue. Any withdrawal
from the transaction after exchange is likely to impose a great expense on
the party who withdraws.
Fixtures and Fittings Form: A questionnaire which indicates what items the
seller at the property is taking and leaving, and sometimes what items he
wishes to sell.
Index Map Search: A search to establish if the title to the property is a
registered property or if it is unregistered at the Land Registry.
Joint Tenancy: (see Co-ownership)Where, on the death of a co-owner, the entire
property will pass to the survivor(s)
Land Certificate: The Certificate supplied by the Land Registry proving ownership
of a property registered at the Land Registry. If your property is subject
to a charge or mortgage, a Charge Certificate is issued instead, which will
be kept by your lender. See also Registered Land .
Land Registry: The Central and District government registries where details
of registered titles are kept.
Land Registry Fee: A fee payable to the Government for registering you as
the owner of the property at the Land Registry, and also for registering
any other transactions related to Registered Land.
Land Registry Search: A search to establish that there are no additional
entries on the Register of Title since the date of issue of an official copy.
Loan Agreement: See Mortgage Offer
Local Search: A search with the Local Authority to establish their views
on such issues as roads, drains, planning and general development in the
local area.
Mortgage A loan to help you buy a house, flat, or other property. Sometimes
called a charge.
Mortgage Offer: The offer of a loan of finance to you by your lending
institution. This becomes a Loan Agreement when the offer is accepted.
Office Copy entries: (Sometimes shortened to office copies) The official
copy of a Land or Charge Certificate obtained from the Land Registry. Office
Copies of individual documents can usually be obtained.
Property Information Form: A questionnaire to be completed by a seller to
give details of matters which affect the property, eg, boundary ownership,
disputes, guarantees, occupiers and planning.
Redemption Statement: Details of monies owed to your financial institution
which will need to be repaid on completion of a sale or re-mortgage.
Registered Land: A title which is centrally filed at the Land Registry on
which all details are kept of matters which affect the property including
easements, charges, restrictive covenants and who owns the property. The
Land Certificate or Charge Certificate are copies of information held by
the Land Registry.
Restrictive Covenant: Restrictions imposed on a property effectively being
things you are not allowed to do, eg, not alter the appearance of the property
or build in the garden.
Stamp Duty: A Government Tax payable by the buyer, on moving if the price
of the property exceeds a certain figure - currently £60,000.00.
Survey: A report carried out by a surveyor on the physical state of the property.
Tenancy in Common: Where on the death of the Co-Owner his/her share of the
property passes by will or intestacy, see Co-Ownership.
Title Deeds: The documents which prove you own the property.
Transfer Deed: The document which formally transfers title on registration
at the Land Registry from the seller to buyer.
Transfer of Equity: A sale or gift of one person's interest in the property
to another, most commonly on divorce or separation where the family home
is jointly owned property.
Unregistered Land: A title which is yet to be registered and for which there
are a number of documents not yet sorted into a Land Registry file for which
a Certificate of Title would be issued.
Completion Date
This is the date that ownership of the property passes from the seller to
the buyer.
The seller and buyer should agree a suitable date between them and notify
their solicitors. You should always bear in mind unforeseen delays i.e searches
not returned on time. Only when contracts are exchanged and completion date
is fixed can you virtually guarantee a completion date will be met. Therefore
we advise that firm commitments to things like time off work or arranging
removals should not be made until you have a fixed date.
Contract
This is the legally bidding agreement between the buying and selling parties.
It sets out the main terms of what has been agreed such as property, price
and names in the party. Two copies of the contract are drawn up and each
party signs their own copy, meaning both parties do not have to meet up to
sign one contract. When both parties are ready to commit the contracts will
be exchanged and become legally biding
Deposit
There is often confusion around the deposit with most people assuming it
is the part of the price the buyer is putting down themselves (the difference
between the mortgage amount and purchase price). Rather it is the amount
of money handed over to the sellers solicitor upon exchange of contract.
This can be anything up to 10% of the selling price and should be negotiated
in advance. You should be aware that if you pay a reduced deposit and fail
to complete through no fault of the seller, you will be liable to make the
deposit up to the full 10%. You could also be liable to pay further compensation
to the seller through your failure to complete.
Disbursements
Disbursements are all the payments that solicitors make to other people on
your behalf. These are standard costs and include local authority searches,
official searches and stamp duty.
Exchange Contracts
This is probably one of the most important moments in the house buying process.
The entire matter becomes legally binding, the seller must sell, and the
buyer must buy, at the price stated on the contract. Before contracts are
exchanged nothing is legally binding and either party can walk away at any
time.
Fixtures, Fittings and Contents Form
This is the list of what in the property is included in the sale. The form
is completed by the seller and sent to all legal parties and a copy sent
to the buyer so everyone knows exactly w3hqat is included in the sale.
Freehold
Means you own both the property and the land the property stands on
Indemnity Contribution
Indemnity is taken out by all solicitors to cover losses to clients arising
from errors or fraud in dealing with their matters
Land Registry
Established in 1925 it is a central body that retains records of who owns
land and under what conditions.
Leasehold
Identifies a property that is of temporary ownership and stands on rented
land. When the lease expires ownership of the property returns to the freeholder.
Legal Fee
This is the fixed cost that covers the time our legal experts spend on your
conveyancing.
Local Authority Search
This is a list of questions about the property, which are sent to the local
authority. It answers questions like, whether the council maintains the road
serving the property, and what planning applications have there been against
the property.
However it does not cover any planning applications made or in progress against
nearby properties.
Mortgage
This is the loan to help you pay for your property. The lender will hold
your deeds until you have paid off the mortgage or sold the property and
paid of any outstanding monies.
Contracts will not be exchanged until solicitors have received written
confirmation of the mortgage from the lender.
Mortgage Deed
The legal charge of the property to the mortgage lender until such time as
the loan is repaid
Mortgage Fees
These are fees normally charged for acting on behalf of a new Bank or Building
Society
Online Tracking
By using your personal online tracker you can follow the progress of your
conveyancing 24 hours a day 7 days a week.
Here is an example of what you might see once you have logged into your online
tracker:
Progress Report For: Mr C. Brill and Miss L. Grossmith
S/o 28 Longfield Crescent Tadworth Surrey (Brill)
Status on Jun 05 2003
Date Sent Expected Chased Done
Client Instructions Received / Quotation Accepted Jan 23 2003
Welcome Pack Sent to Client Jan 28 2003
Terms Accepted by Client / Completed Forms Received Jan 31 2003 Feb 27 2003
Deeds Requested Mar 5 2003
Deeds Received Mar 15 2003 Mar 14 2003
Contract Documentation Sent to Buyer's Solicitor (see note below) Mar 18
2003
Contract Approved by Buyer Apr 1 2003 May 6 2003
Contract Sent to Client for Signature Mar 18 2003
Signed Contract Received from Client Mar 22 2003 Mar 27 2003
Completion Date Agreed May 27 2003
Contracts Exchanged
Signed Transfer Received
Sale Complete
Other Cases??
Click here to check the status of p/o 68 Chavecroft Terrace Epsom downs Surrey
(Brill)
Property Information Form
This is a questionnaire about the property completed by the sellers. It covers
such items as guaranties, neighbours disputes and boundaries.
As a buyer, if you have any specific queries about the property you should
ask them now.
As a seller if there is a question you do not want to answer you must discuss
it with your legal representative. Failure to disclose information could
give the buyer grounds for legal action against you.
Redemption
This is the final payment of a mortgage loan
Redemption Fee
A penalty that can be incurred for paying off a mortgage early
Stamp Duty
This is a tax paid by the buyer of a property valued at over £60,000.
If the property you are buying is £60,001 - £250,000 stamp duty
is charged at 1% of the purchase price. £250,001 - £500,000 at
3%, and above £500,000 at 4%.
Survey
This is a report into the physical state of the property you are looking
to buy. Properties are "Sold as Seen" and it is up to you as the buyer to
discover any physical defects through a survey.
If you are buying a property by means of a mortgage then you will be required
to have a mortgage valuation undertaken. This is not a survey but satisfies
the lender that the value of the loan is covered by the value of the property.
It is advised that you undertake a basic survey from a RICS qualified surveyor.
This may identify any basic faults and for older properties a full structural
survey is recommended. These surveys will cost you money so shop around,
but it is highly recommended you take out the necessary surveys prior to
exchanging contracts.
Title Deeds
These documents act as proof that the person selling the property owns it
to sell. Secondly it sets out any rights or obligations that affect the property.
If selling time can be saved by obtaining your deeds as early as possible.
Most peoples deeds are held by the bank or building society and they
may charge you to release the deeds.
Transfer Deeds
This is the documentation required to show ownership of the property has
changed from the seller to the buyer.
It is dated with the completion date and will be forwarded to the Land Registry
after completion. The Land Registry require this to demonstrate that there
is a new owner of the property.