Glossary of Real Estate Terms

AGENT

A registered person contracted to act for another in the selling, buying, renting or management of property.

 

AGREEMENT OF SALE

A legal document outlining details of a property sale.  It is usually prepared on the seller’s behalf by an agent, solicitor or conveyancer.

 

AUCTION

A public sale of a property to the highest bidder.

 

BODY CORPORATE

The collective ownership of common property such as a block of apartments or multi-dwelling complexes.  It is responsible for the administration and upkeep of common areas.

 

BUYER’S ADVOCATE

An agent who acts on behalf of a buyer by sourcing suitable properties and representing the buyer during the buying process.

 

CERTIFICATE OF TITLE

A document stating who owns the property, the size of the land and whether there are any limitations on the title such as mortgages, easements or encumbrances.

 

COMMISSION

A negotiable percentage of the selling price of a property, paid by the seller to the property agent, normally after the property is sold.

 

COMMUNITY TITLE

Similar to Strata Title but applicable to development combining a variety of dwelling styles and communal facilities where an overall style and theme must be adhered to.

 

COMPANY TITLE

The title system that apportions space within multi-apartment buildings, pre-dating Strata Title, based upon ownership of parcels of shares within an unlisted company.  Not all banks will provide finance.  Seek legal advice prior to purchase.

 

CONTRACT

A legal document outlining details of a property sale.  It is usually prepared on the seller’s behalf by an agent, solicitor or conveyancer.

 

CONVEYANCER

A person (not a legal practitioner) who, for a fee, handles the process of transferring property.

 

CONVEYANCING

Transferring ownership of a property from the seller to the buyer.

 

COOLING-OFF PERIOD

A period of time during which a buyer can withdraw from the sale of a home (if not purchased at auction).  Duration varies from state to state.  The duration must be outlined in the Agreement of Sale.

 

DEPOSIT

A non-refundable percentage of the purchase price paid by the buyer to secure the purchase of the property.

 

DISBURSEMENTS

Charges payable to solicitors or conveyancers such as postage, phone calls, stamp duty, registration fees and government charges.

 

DISCHARGE FEES

An administration fee charged by a bank to cover the costs in finalizing a loan account.

 

FIRST HOME OWNER GRANT

A scheme providing first home owners with a non-means tested, one off payment as contribution towards deposit, fees and charges.

 

FIXED INTEREST RATE

An interest rate that will remain unchanged for a set period of time.

 

FIXTURES OR FITTINGS

Items which are attached to a property and cannot be removed without causing damage; they are usually included in the sale unless expressly excluded.

 

GOODS & SERVICES TAX

A tax of 10% levied on the final price of some goods or services.

 

INTEREST

The lending body’s charge on paying back a loan.

 

JOINT TENANTS

Where two or more people purchase a property in equal shares.

 

LOAN

Money borrowed that is usually repaid with interest.

 

MORTGAGE

A written contract giving a lender security over a property.

 

OFF THE PLAN

Buying a property based on architect’s plans, before it has been built.

 

PROPERTY INSURANCE

Insurance policies that may cover properties, house contents, landlord, etc.

 

RESERVE PRICE

A seller’s minimum sale price for property sale.  It may be recorded on the Authority to Sell.

 

SALE BY PRIVATE TREATY

Sale of property through private negotiation and contract.

 

SETTLEMENT

The occasion when ownership of a property passes from the vendor to the buyer and the balance of the sale price is paid to the vendor.

 

SOLICITOR

A legally qualified professional who undertakes legal work for a fee.

 

STAMP DUTY

A government tax based on the sale price of a property.

 

STRATA TITLE

Applies to more than one property on a single piece of land, such as an apartment block.  Each unit will have a separate strata title, organized under a ‘strata plan’.

 

TENANTS IN COMMON

A form of joint ownership in a property in which each person owns a share of the property.

 

TITLE SEARCH

A check of public records to make sure that the vendor has the right to sell and transfer ownership of a property.

 

TORRENS TITLE

Is the standard certificate recognizing land owned by the person registered on that document.

 

VALUATION

An estimate of the value of a property by a qualified and registered valuer.

 

VARIABLE INTEREST RATE

A rate that varies in accordance with the money market rates.

 

VENDOR

A person selling a property.

 

VENDOR’S STATEMENT

Information which the seller must provide to the buyer setting out any restrictions such as covenants and easements, outgoings such as rates and other relevant notices.

 

ZONING

The permissible uses of an area of land as defined by a council.

 

 

 

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