PRD Penrith Level 1/27 Lawson Street Penrith, NSW, 2750 02 4732 3711
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Glossary of Terms

Auction: Public property sale to the highest bidder, providing the reserve price is met or exceeded.

Breach of contract: Breaking terms of a signed contract

Caveat: A document lodged with the Titles Office by any person to ensure the property is not sold without their knowledge.

Caveat Emptor (Buyer beware): Places the buyer's responsibility to be satisfied with the item before buying a property.

Chattels: Personal property. There are two types. Real Chattels include buildings and fixtures. Personal Chattels include clothes, furniture etc.

Common Property: Strata Titles areas shared by all owners.

Contract Note/Terms and Conditions: A written agreement outlining the terms and conditions of a property sale.

Contract of Sale: A legal document that sets out all the terms and conditions the seller and purchaser have agreed on.

Conveyancing: The legal process of transferring property ownership from seller to buyer.

Covenant: Conditions affecting the use of property or land written into the title.

Deposit: Approximately 10% of the purchase price is placed in trust as evidence of buying intention. Non-refundable after the contract becomes unconditional.

Easement: The right held by a person to use land belonging to someone else for a specific purpose. An easement usually covers Mains drains and water pipes.

Encroachment: When a building overhangs someone else's property, or a fence is built over the dividing line between two properties.

Encumbrance: A mortgage, easement or liability over a property impeding its use or transfer.

Exclusions: Any item not specified as part of the sale of the property. i.e. dishwasher

Equity: The difference between the market value of the property and any outstanding loans on the property.

Freehold: An owner's interest in the land where the property and the land on which it stands both belong to their owner indefinitely.

Highest Bidder: The person who posts the highest bid at an Auction will purchase the property provided the reserve price has been met or passed.

Offer to purchase: A formal legal agreement, which offers a specified price for a specified property.

Passed In: A property will be passed in at Auction if it does not meet the Reserve Price.

Private Treaty Sale: Sale of a property through an agent involving private negotiations and contracts.

Reserve Price: The minimum price the seller has specified they will accept at Auction.

Stamp Duty: A state government tax calculated on the sale price, varying between states.

Settlement: A date is set for the settlement of the sale. At this point, the balance of the purchase price is paid, and ownership of the property transfers from the seller to the buyer.

Transfer: A document registered at the Land Title Office and noted on the Certificate of Title, which verifies the change of property ownership.

Unconditional/Exchange of Contracts: When signed, copies of the Contract of Sale are physically swapped between the seller and the purchaser.

Vendor: The seller

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