Cemap 2 Flashcards
What is Semi Corporate lending? (commercial lending)
Lending towards a business where there is a residential ELEMENT E.G a corner shop with a flat above
What is corporate lending?
Lending towards a limited company or body with a separate legal identity
What is the meaning of a ‘Close Company’ ?
A close company is a limited company with five or fewer ‘participators’
What is the meaning of a ‘Guarantor’?
A person/entity that assumes the financial obligation of another party if the original party is unable to fulfill their obligation.
What is the compulsory cost to register a power of?
£82
When can the Health and Welfare LPA be used?
After the person loses capacity, not before.
What happens if you lose mental capacity without filling in the power of attorney forms?
Loved ones will need to apply through court to become ‘deputy’ - long and expensive process
When you make a Power of Attorney in England and Wales, what decides if you’re capable of making that choice?
A ‘certificate provider’
What is a ‘Surety’ ?
A surety is a guarantor who puts up something of value as collateral.
What are Registered Social Landlords?
Non profit making organisations that provide housing for rental or purchase
What is classed as a minor?
Persons under 18 years of age
What is a Debt Relief Order (DRO) ?
DROs allow people in debt to receive a year’s grace period before the loans are wiped out.
Who can arrange DROs?
The insolvency service or Approved Advisers
What is the meaning of Buy To Let?
A Buy to Let mortgage is for people looking to buy a property to rent out, rather than live in it
Name 2 forms of Unfair Practices
Mortgage cold call selling.
Excessive fees are not permitted
Key Facts Illustrations must illustrate fees
All mortgage arrangement fees must be included in APR
What is a mortgage by legal charge?
Most common type of mortgage.
Purchaser owns the property but lender has a right over the land until the loan is FULLY repaid.
What is a mortgage by demise?
The Property is owned by the lender when the loan is taken out. And is transferred from lender to borrower once it is fully repaid.
What is joint tenancy ownership?
Two or more people own an asset, on death the whole asset belongs to the survivor
What is tenancy in common?
An asset is held on a split basis.
On death of one party, their share of an asset passes to their estate.
What is Joint Borrowers Ownership?
No limit to the number of signatories on a mortgage. Most lenders allow up to 4
What is the meaning of the term ‘flying freehold’
Part of someone’s freehold property hangs over someone else’s land
What is freehold?
A type of land tenure however it is the nearest you can get to absolute ownership.
Freeholder owns the land, buy may be restrictions.
What is leasehold?
Own the property for a set period but not the land
Freeholders rent out the land for fixed period -> leaseholders own the property on the land for the fixed period.
What is forfeiture
The landlord’s right to terminate the lease and take back possession of the property if the tenant breaches the terms of the lease agreement
What is commonhold?
People individually have their own unit in a shared building, like an apartment complex. Each owner manages the common and external parts of the property together.
- No head landlord/freeholder
What is the leaseholders statutory right?
Leaseholders have the right to buy the freehold of their property and extend the lease up to 90 years.
What is the meaning of sub letting?
When an existing tenant lets all or part of their home to someone else who is known as the subtenant
What are tenements?
Houses built on top of eachother. Were initially built to house the masses (those that flocked to cities)
What are ‘title deeds’ ?
Title deeds are a series of documents which prove the ownership of a property and the history of its ownership
What is the meaning of positive covenants?
States what an owner must do
(E.G maintain a certain boundary, usually shown in the ‘title deeds’)
What is the meaning of Restrictive covenants?
States what an owner must NOT do
(E.G Run a business from the premises)
What is the meaning of Easements?
The right to use another persons land for a specific purpose.
What is the Proprietorship register?
A key section of the Land Registry title deeds, which lists the names and addresses of the current owners of the property.
What is ‘Good Leasehold’ ownership in consideration of the Proprietorship register?
Title to the freehold is unknown, although everything else is in order.
What is ‘Possessory’ ownership in consideration of the Proprietorship register?
if the deeds are lost - can be converted to absolute title after 12 years.
What is ‘Qualified’ ownership in consideration of the Proprietorship register?
Some conditions/restrictions are attached to the title
What is land registration?
The process by which the state guarantees the validity of a title in a registry.
What is the meaning of conveyancing?
Conveyancing is the legal process of transferring the ownership of property or land from one person or entity to another
What is a ‘squatter’?
An individual/group who occupy and use land without legal ownership from the rightful owner.
What happens if land is not properly managed according to the Agricultural Holding Act 1948?
Penalties can be enforced.
What is the meaning of matrimonial interests?
Matrimonial interests refer to the legal and financial rights and obligations that arise from marital relationship between spouses
What is the meaning of Equitable interests?
Equitable interests relate to the ‘fair and just’ covenant of those that don’t have LEGAL ownership but have a direct interest in property.
(E.G Husband & Wife purchasing a house TOGETHER, Husband is the LEGAL owner however wife has an EQUITABLE INTEREST because she contributed to the purchase + maintenance etc.)
How is equitable interests decided?
Through mutual agreement or court.
What is an example of matrimonial interests?
- Financial support after a divorce (married couples have the obligation to support each other financially during marriage and these obligations may continue after separation)
- Child Custody
- Inheritance Rights (the right of a surviving spouse to inherit a portion of the deceased spouse’s estate)
What is a ‘consent to mortgage’
A legal document signed by a spouse to grant permission to another spouse to mortgage jointly-owned property.
What is chancel repair liability?
This is a legal obligation that places the responsibility on certain property owners to contribute to the repair costs of the chancel.
What is a chancel?
The space around the altar in a church (building, courtyard etc)
What is the PCC?
Parochial Church Council - A governing body responsible for the financial affairs of the parish and maintenance of the church area surrounding the altar.
How would a person know that they are liable for Chancel Repair?
It would be mentioned in the property title deeds if applicable
- Isn’t universal, only affects certain parishes’
- You don’t have to live next door to a church to be liable either, could be liable if a part of the ‘community’
What is the additional SDLT rate that will become liable if an additional residential property is purchased for £40,000 or more?
Currently, An additional 3% surcharge on top of standard rates.
If i am a first time buyer purchasing a property for £550,000, what % of SDLT will I have to pay?
NOTHING up to £250,000, A 5% charge on the rest of the excess (£300,000)
What rate of SDLT will I have to pay if I purchase a third property valued at £1,000,000?
13%
(10% £925,001-£1,500,000)
(3% Surcharge added for purchasing an additional property above £40,000)
What rate of SDLT will I have to pay if I purchase a 2nd property valued at £170,000?
3%
(Purchasing a second home, so first £40,000 is exempt and the rest (£130,000) will be at 3%)
What rate of SDLT will I have to pay if I purchase my first property for £2,000,000?
12%
When a solicitor asks a seller for a ‘information pack’ what are the other two elements of this?
- The Property Information Form
- …
- Title Deeds
- …
- The Property information form
- The Fixtures, fittings & contents form
- Title Deeds
- Contract
What is included in the ‘Property information form’?
Its a standard questionnaire, gives details of boundaries + other property information
What is included in the ‘Fixtures, fittings + contents form’?
Tells you what IS/ISNT included in the sale of the house.
How do estate agents get paid?
On behalf of the vendor, on a commission basis, Usually 1.5%-3%
What is an advantage of buying a property at auction?
- If successful, the vendor cannot withdrawal
- Properties at auction are typically offered at a competitive reserve price (minimum)
If you are a successful bidder at an auction, what do you have to pay?
a 10% deposit will be required on the day.
What does the buyer need from the seller once an offer has been accepted?
The sellers’ information pack
What is the meaning of an ‘undertaking’
An undertaking refers to a commitment/promise to complete a specific job
E.G Defective plumbing - This might involve a contractor agreeing to repair faulty plumbing components
What is the meaning of a ‘Retention’
A retention refers to an individual holding back payment until a job is completed by a contractor as a form of security or guarantee
What is the purpose of a parapet/verge
Designed to prevent water from seeping into the property
What is a wet rot?
the effect of water coming into the property and damaging wood
What is a dry rot?
the result of fungus growth in the wood.
How would you fix a wet rot?
wood would have to be stripped and replaced and the cause of the water sepage fixed as soon as possible.
How would you fix a dry rot?
specialist report and action to get rid as can cover entire property if left untreated and also damage the owners health.
What is subsidence?
When the ground beneath a property sinks, pulling the property’s foundations down with it, creating cracks
How do you fix subsidence?
Underpinning is needed, which fixes the foundations, which is a massive job.
What is heave?
When the ground beneath a property rises/expands causing damage such as cracks.
Can also be caused by tree roots.
How do you fix heave?
Underpinning is needed, which fixes the foundations, which is a massive job.
What is Stamp Duty Land Tax or SDLT??
A lump sum tax that anyone buying a property/land costing more than a set amount has to pay
What is the inital tax exemption when purchasing your primary residence?
First £250,000 tax exempt
What are the margins for SDLT if the rate I’m required to pay is 5%?
£250,001-£925,000
What are the margins for SDLT if the rate I’m required to pay is 10%?
£925,001-£1,500,000
What is the rate of stamp duty when purchasing shares?
½% unless stamp duty is below £5
What is the rate of stamp duty on bearer instruments?
1½%
What are Subprime Lenders? (specialist lenders)
They focus on the subprime borrowers (those with poorer credit scores, making them higher risk)
Who is now responsible for regulating consumer credit?
The Financial Conduct Authority (FCA)
Who was responsible for the license and regulation of consumer credit under the consumer credit act 1974?
The Office Of Fair Trading (OFT)
What is an Annual Perentage Rate?
The overall cost of borrowing money as an annual rate.
(includes interest rate as well as additional fees or costs)
(The true cost of borrowing)
Where MUST an Annual Percentage Rate be shown?
In credit agreements
In relation to client agreements, what MUST clients be aware of?
The nature of the contract
Their Rights and Obligations
What does the Consumer Rights Act 2015 improve?
Enhances rights to consumers with faulty goods and services.
What does the Consumer Rights Act 2015 cover?
- What to do when goods are faulty.
- How services should be fit for purpose.
3.Unfair terms in contracts
What was the big change in the Consumer Insurance Act 2012?
- Removes the duty on consumers to volunteer material facts
- Instead puts onus on the insurer to ask questions they deem necessary in a ‘clear and specific’ manner
- Consumers must answer fully accurately and ‘take reasonable care’
What is an agent?
A person who acts on behalf of someone else.
What is the person who an agent is representing known as?
The Principle.
What is ‘Apparent Authority’?
This occurs if an agent acts outside of their stated authority, but it is clear that the principle approves of what the agent has done.
What is ratification?
Ratification is the formal confirmation or approval of a decision, agreement, or treaty by an individual or an organization
What is ratification in consideration to a principle?
This allows the principle to agree the action of an agent after the event has occured.
What makes a valid contract? (contract law)
There MUST be an Offer, Acceptance & Consideration.
What is the ‘Consideration’ in terms of house purchase? (contract law)
The consideration would be the deposit.
In consideration to contract law, the terms of the contract must be?
Certain, Complete, and free from Doubt.
What is an injunction?
An injunction is a court order compelling the other party to do/not to do something
What is the meaning of ‘caveat emptor’?
Latin Translation ‘Let the buyer beware’ - A principle in contract law that suggests that customers should do their due diligence, to ensure that they assess the quality, condition, and suitability of a product before making a purchase.
- Suggests that buyers should be aware of the risks associated with their purchases. Implies that sellers are not obligated to disclose all information about a product/service unless there is active misrepresentation or fraud involved.
What is the meaning of ‘utmost good faith’?
Principle suggests that both the insurer and insured act honestly and fairly.
Used for life insurance contracts,
both parties are expected to disclose all material facts which are relevant.
What is required when a building is built, marketed for sale, or rented?
An Energy Performance Certificate.
What is included in an Energy Performance Certificate?
A report which contains information on the properties energy uses and CO₂ Emissions.
- Also has recommendations on how to reduce energy use + CO₂ Emissions.
In consideration to EPCs, what happens if a building has separate units?
Each unit will require its own EPC.
How does an EPC rate a property?
From
(A) Efficient
To
G (Very Inefficient)