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Glossary

 

A B C D E F G H I J K L M
N O P Q R S T U V W X Y Z

 

A
Acceptable Referee

Must be a person listed on the "Who is an Acceptable Referee" section of the "Proof of Identity Details" form, which is used to establish proof of identity. Examples of Acceptable Referees are accountants, solicitors, magistrates, teachers of at least 5 years’ standing, vets, doctors, dentists and justices of the peace, who have known you for at least 12 months.

Acceptance

Agreeing to be bound by the terms and conditions of an offer. Once an offer has been accepted, an agreement is formed.

Additional Repayments

See Special Repayments.

Adjustment of Rates

Council, water rates and land tax (where applicable) are adjusted at the date of settlement. They are shared by the buyer and seller in proportion to the amount of time each owns the property in the period for which the rates are charged.

Administration Fund

See Sinking Fund.

Agent

A person authorised to act on behalf of the person selling, purchasing, letting or managing a property. A typical example is a Real Estate Agent who acts on behalf of a person selling a property.

Amortisation Period

See Loan Term.

Annual Percentage rate (APR)

An interest rate expressed as a percentage per annum. The APR on a loan account is applied to the unpaid balance of the account to calculate the interest payable on the loan.

Annualised Annual Percentage Rate (AAPR)

See Comparison Rate.

Appraisal

An estimate of property value as stated by a professional valuer.

Assets

Any property, money or goods you own.

Auction

A public sale at which property is sold to the highest bidder above a reserve price.

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B
Binding Contract for Sale

See Contract of Sale.

Body Corporate

See Owners’ Corporation.

Bond

Money paid by a tenant and held by Rental Tenancy Board to help ensure against losses from non-payment of rent or damage to the property.

Breach of Contract

Breaking the conditions of a contract.

Bridging Finance

A short term loan usually taken out to purchase a new property prior to sale of an existing property. (Note: HomePath does not offer finance for this purpose.)


C
Capital Gain

The profit made when a property is sold for more than the original purchase price.

Capital Gains Tax

A Federal Government tax on the monetary gain made on the sale of an asset. For further information, please refer to the Australian Taxation Office web site.

Caveat

A caveat lodged upon a title warns a person buying the property that a third party (generally the person who lodged the caveat) has some right or interest in the property.

Certificate of Title

This is the document of title to land or real property. It identifies ownership of the land, registered mortgages, and any encumbrances or easements. The Certificate of Title is usually held by the lender as security for a loan.

Certificate of Currency

A certificate issued by an insurer showing that a building is insured.

Clear Title

Where there are no charges for example, mortgages or caveats on title.

Combined Interest Rate

See Fixed and Variable Rate Loan.

Commission

The fee or payment made to a Real Estate Agent for selling your home.

Common Property

An area within a Strata Title complex which is used by many people, e.g. stairs, driveways, etc.

Common Law Title

Also known as "Old System Title", it is established by tracing an unbroken series of dealings with the property over the life of the property rather than by a register of titles.

Community Title

Planned communities may be created through registration of a combination of schemes and plans. These consist of "community property lots", which are common areas owned by an association for use by owners, and other lots held by specific owners.

Company Title

Where the unit holders are actually share-holders in a private company that owns the property. (Note: HomePath does not offer finance where this type of property is offered as security.)

Comparison Rate

A "Comparison Rate" is an attempt to express some of the costs of a loan into a single interest rate. These "costs" include the nominal interest rate, some ‘up-front’ fees and ongoing charges. It does not include fees and charges based on future events, which may not occur, e.g. redraw fees, progress payments, etc, which are not typical of all loans. The aim of the Comparison Rate is to help consumers make a more informed judgement of the costs of a loan, and in so doing, help them to compare various like loan products and services offered by the various lending institutions. The Uniform Consumer Credit Code (UCCC) has been amended to require a "Comparison Rate" to be quoted on all advertising for home loans where an interest rate is stated.

Comparison Rate Schedule

This is a schedule of the comparison rates based on different loan amounts and terms. To view a comparison rate go to Rates and then View Schedule for the rate you wish to view.

Construction Loan

A loan used to fund the building of a new property. (Note: HomePath does not offer finance for this purpose.)

Contract of Sale (or Offer of Acceptance in WA)

An agreement in writing setting out the terms and conditions the vendor and purchaser enter into for the sale and purchase of a property.

Conveyancing

The legal transfer of ownership of property from the vendor’s name to the buyer’s name.

Cooling Off Period

Where applicable, it’s a period after exchange of contracts during which time the contracts may be cancelled.

Council Rates

An annual charge in relation to a property by the local council for the area where the property is located. The charge is to pay for local council services.

Covenant

A requirement to adhere to certain terms, conditions or restrictions regarding a property.

Cover Note

The arrangement of temporary insurance until a formal policy is issued by the insurance company.

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D
Deed

A document recording an agreement, obligation or conveyance of property formally executed as required by law.

Default

Failure to meet a debt payment or other requirement of a contract by a due date.

Deposit

A deposit is normally paid by the buyer at the time of exchanging contracts or on "fall of the hammer" at auction. It is normally 10% of the purchase price.

Disbursements

Various fees and charges, additional to solicitors’ or conveyancers’ professional costs associated with the sale or purchase of a property. Disbursements include search fees, enquiry fees, survey costs and inspection costs.

Drawdown

The debiting of the loan at settlement or funding.


E
Easement

The right to use land belonging to someone else, e.g. rights of way, sewerage mains, etc.

Encumbrance

A charge on a property, i.e. mortgage caveat or easement.

Equity

The amount of ownership you have in your property - i.e., the difference between what you owe and what it is currently worth.

Establishment Fees

Fees charged to cover, or partially cover, a lender’s costs in setting up a loan. HomePath currently does not charge an establishment fee. However, a Deferred Establishment fee is applicable.

Exchange of Contracts (Exchange)

The Contract of Sale or Offer of Acceptance (in WA) is prepared in duplicate, usually by the seller’s solicitor or conveyancer. The original is signed by the seller and a copy is forwarded to the buyer for their signature. Once both copies are signed, contracts are exchanged and the buyer and seller each receive a copy signed by the other. Each party is then legally bound to proceed with the purchase of the property, subject to the terms of the Contract of Sale or Offer of Acceptance.


F
Fixed and Variable Rate Loan

A loan where the interest rate for part of the loan is fixed for a specific period and the interest rate for the rest of the loan is variable.

Fixed Rate Loan

A loan on which the interest rate is fixed for a specific period.

Fixed Rate

An interest rate that is fixed for a set period of time. Generally, loan repayments remain fixed for the term of the fixed rate period.

Formal Loan Approval

When the home lender provides confirmation that a loan is formally approved and all conditions of the Loan Offer have been satisfied.


G
Gearing

The ratio of your own money versus borrowed money in an investment. Positive gearing is when you borrow to invest in an income producing asset and the returns (income) from that asset exceed the cost of borrowing. Negative gearing is when you borrow to invest in an income producing asset and the cost of borrowing exceeds the returns (income) from that asset.

Gross Income

Income before tax.

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H
Holding Deposit

A small amount paid to the seller’s agent to indicate your interest in the purchase of the seller’s property. It does not prevent the property from being sold to other interested buyers.


I
Income Protection Insurance

Provides for a lump sum or periodical payment if a borrower becomes incapacitated and is unable to continue working.

Interest

A charge for money lent.

Interest Only Payment

Monthly payments are equal to the interest and fees charged to a loan account and there is no reduction to the principal loan amount.

Investment

The purchase of an asset for example, real estate or shares in order to produce income, or to produce capital gain on resale/maturity.


J
Joint Tenants

The holding of property by two or more people in equal shares where, if one dies, his/her share goes to the survivor/s. Most couples buy property under joint tenancy.


K
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L
Land Subsidence Area

An area where land movement is possible. Special council certificates can tell you whether a property is in a land subsidence area.

Landslip Area

See Land Subsidence Area.

Land Tax

A State Government tax payable by owners, based on the value of the land.

Lease Agreement

A document granting possession of a property for a given period without conferring ownership. The Lease Agreement specifies the terms and conditions of occupancy by the tenant.

Lenders’ Mortgage Insurance

This insurance protects the lender should the borrower default and the property is sold for less than the outstanding amount on the loan. The borrower remains liable to the mortgage insurer for the amount it has to pay the lender.

Lessee

The person who leases the property in terms of the Lease Agreement.

Lessor

The person who owns the property and allows another person occupancy.

Liabilities

Outstanding debts or obligations.

Loan to Valuation Ratio

The amount of the loan expressed as a percentage of the property’s value.

Loan Offer

An offer of finance which sets out the full terms and conditions of the credit contract, including any special conditions you must satisfy before a lender will advance you the credit.

Loan Pre-approval Letter

A letter a home lender can provide, which based on information you give them, tells you how much they would be prepared to lend you, and some of the terms and conditions that would apply. It is generally not an absolute guarantee of loan approval.

Loan Service Fee

The fee charged by your home lender to administer the loan, normally charged monthly. Currently, HomePath does not charge Loan Service Fees.

Loan Term

The period of time over which a loan is to be repaid.

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M
Market Value

An estimate of the highest price a buyer would pay for a property.

Maturity

The date by which a debt or investment must be repaid/renegotiated in full.

Mortgage

A mortgage is a contract between the mortgagor (being the person who owns the real property) and the mortgagee (being the person or lender to whom the property is mortgaged) which secures the repayment of a loan.

Mortgage Discharge Fee

Charged by the home lender when they prepare a discharge of the mortgage they hold over your property.

Mortgage Registration Fee

A State or Territory Government fee charged when a mortgage is established or discharged over your property.

Mortgage Stamp Duty

See Stamp Duty on Mortgage.

Mortgagee

The person or lender to whom a property is mortgaged, to secure the repayment of a loan.

Mortgagor

The person who mortgages an asset to secure a loan.

N
Negative Gearing

Negative gearing on a rental property occurs when the annual interest payable on the loan used to acquire the property plus other expenses incurred in maintaining the property exceed the annual rental income that the property generates.

Net Income

Gross income less income tax.

O
Off the Plan

Buying a property, usually an apartment, from seeing plans, before it is even built.

Offer of Acceptance

See Contract for Sale.

Offer to Purchase

A written offer of a specified price for a particular property. The offer may be conditional or unconditional.

Old System Title

See Common Law Title.

Option to Buy

A legal document giving a person the right to buy. The document outlines the required price and applicable period, with a fee being applicable. If the property is bought, the fee is deducted from the purchase price; if the purchase does not proceed, the fee is non-refundable.

Owners’ Corporation

The owners of a block of units. The Executive Committee (which is elected by the members of the Owners’ Corporation) is responsible for the administration and upkeep of the common property.

P
Passed In

A property is "passed in" at auction if the highest bid is less than the vendor’s reserve price. The person making the highest bid has the first option to negotiate further with the vendor.

Portable Loan (portability)

Allows you to change an existing security property with a new security property without repaying the loan.

Principal

The amount of money lent by the lender.

Private Sale

The seller (vendor) does not engage a Real Estate Agent, but acts for him/herself, thereby avoiding a Real Estate Agent’s commission.

Private Treaty Sale

Sale of property by private negotiation and contract, with or without a Real Estate Agent.

Property Title

See Certificate of Title.

Property Valuation

See Valuation.

Property Valuer

See Valuer.

Purchase Price

The price the seller and the buyer agree on exchange of Contracts of Sale.

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Q
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R
Redraw

See Repayment Redraw.

Refinancing

To replace or extend an existing loan with a new loan from the same or another financial institution.

Repayment

Principal and interest repayments require you to make payment of both the interest and the amount borrowed.

Repayment Redraw

Repayment Redraw allows you to access repayments which were previously made, in addition to the required regular repayments, on your loan.

Reserve Price

The minimum price to be accepted by the vendor at auction.

Residential Tenancy Agreement

A document that sets out the details of a property to be leased.

S
Search

The process of investigating title to land to ascertain if the vendor has the right to transfer ownership.

Secured Loan

A loan which is secured by a mortgage over your property.

Security Property

The property provided as security for a loan. That is, the mortgaged property.

Selling Price

See Purchase Price.

Servicing Your Loan

This refers to the day to day management of your loan, including repaying your loan. For example, changing your repayments or requesting a duplicate loan statement.

Settlement

The transaction that completes the sale. Monies are handed over in exchange for relevant documents. The purchaser can then take legal ownership of the property.

Sinking Fund

A special levy, held in trust and administered by a Body Corporate, to cover any major repairs or maintenance that may have to be carried out on the building or grounds the Body Corporate administers.

Special Levies

Levies determined by a Body Corporate in addition to the Annual Levy.

Special Repayments

Any money paid into the loan in addition to the required minimum repayments. The amount of special repayments may be available for redraw, depending on your loan option.

Stamp Duty on Contract (also know as Transfer Stamp Duty)

A State or Territory Government tax (based on where the property is situated) payable by the purchaser of real estate and assessed on the purchase price of the property. Depending on the individual State legislation, the duty is payable to the Office of State Revenue anywhere from the day of settlement to three months after the date of exchange of contracts. Some first home buyers may be eligible for a concession on the stamp duty.

Stamp Duty on Mortgage

A State or Territory Government tax (based on where the property is situated) payable by the borrower and assessed on the amount secured by the mortgage. The higher the amount secured by the mortgage the greater the Stamp Duty on Mortgage that is payable.

Standard Variable Rate Loan

See Variable Rate Loan.

Strata Fees (Levies)

The fees payable to the Body Corporate for up keep and maintenance of common property.

Strata Inspection

A certificate that will disclose information about the management committee of a Body Corporate, including insurances, cost of levies and strata policies.

Strata Title

A form of title commonly used for units (i.e. apartments, flats). Strata title relates to the subdivision of land where parts of the land and building are divided into lots. It gives you membership of the Owners’ Corporation, and the ownership of a defined part of the whole building. Strata titles are registered under the Torrens Title system.

Survey

Shows boundaries of the land and location of the dwelling to ensure that there are no encroachments onto, or from, adjoining properties.

T
Tenancy

The right to occupy land or buildings as provided by the terms of a lease or other agreement.

Tenants in Common

This is the holding of property by two or more people in equal or unequal shares. If one person dies, his/her share passes to the

Title

See Certificate of Title.

Title Deed

See Certificate of Title.

Title Search

The process of investigating a title of a property, to ascertain if the vendor has the right to transfer ownership or if there are any prior encumbrances on the title.

Torrens Title

Torrens Title is the name given to the system of registration of ownership and dealing with property. Under this system title to a property is established by a statutory title issued by the Registrar General. It is the most common form of residential property ownership.

Transfer

A document registered in the Land Titles Office which records the transfer of ownership from the vendor to the buyer.

Transfer Stamp Duty

See Stamp Duty on Contract.

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U
Unencumbered

Describes a property free of mortgages, caveats or charges.

V
Valuation

A report detailing a property’s value.

Valuer (Property Valuer)

A qualified person who determines the value of a property based on his/her knowledge of the area, property type and historical sales.

Variable Rate Loan

A loan where the interest rate can increase or decrease at any time depending on market conditions.

Vendor

A person who offers a property for sale.

W
Water Rates

The yearly water usage charge paid to the local water supply authority where the property is located (usually paid in quarterly instalments).

X
- -
Y
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Z
Zoning

Statutory description of the allowable uses of land as set out by local councils or planning authorities.

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