Purchase and Sale L3 Flashcards

1
Q

Level One

What are the four methods of sale?

A

Private Treaty - open market, no commitment, parties control process
Informal Tender - closing date inviting best and final offers
Formal Tender - similar to informal but includes legal pack and quick exchange
Auction - no control over purchaser, short marketing, costly and public

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2
Q

Level One

What different objectives might a client have when selling their property?

A
  • Speed of sale
  • Highest price possible
  • Control over who it goes to
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3
Q

Level One

What is joint agency?

A

This is where two or more agents enter into an agreement to market the property together with the fee achieved being split between each party

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4
Q

Level One

What is multiple agency?

A

This is where more than one agent is engaged to market and sell the property, with only the successful agent getting 100% of the fee

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5
Q

Level One

Talk me through a sales instruction from start to finish

A
  • Enquiry
  • Inspection
  • Appraisal
  • Agreement
  • Vendor AML
  • Gather marketing material
  • Launch to market
  • Negotiations
  • Accept an offer
  • Buyer AML
  • Introduce legal parties
  • Financial and legal due dilligence
  • Exchange and completion
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6
Q

Level One

Talk me through the AML process

A

In accordance with the Money Laundering Regulations (2017), we must understand the risks involved in dealing with different buyers and sellers and mitigate those risks to avoid being complicit in money laundering.

  • Regular Due Diligence:
    Individuals - photo ID; proof of home address; credit report to confirm no enhanced due diligence is necessary
    Companies - as above, but for all beneficial owners; need to understand ownership strucute and if private/public
    Vendors - as above, but proof they have the right to sell/lease; proof of ownership
  • Simplified Due Diligence:
    Not all checks will need to be complete if we can re-use above due diligence; appropriate for listed companies on LSE or is on our Trusted Major Client List
  • Enhanced CDD:
    If there is a higher perceived risk of money laundering or terrorist financing; owner or family member is a PEP (Politically Exposed Person); not dealing face to face; provides false information

In addition to regular due diligence; additional proof of address; look for red flags; closely examine every aspect of the deal

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7
Q

Level One

What are some of the 12 core principles that UK based chartered real estate agents must follow?

A
  1. Honesty
  2. Competency
  3. Transparency
  4. Avoid conflicts
  5. Do not discriminate
  6. Client money held securely
  7. Marketing is honest and truthful
  8. Hold appropriate PI cover
  9. Be realistic when using professional judgement
  10. Ensure face to face dealing are conducted with regard to security and safety
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8
Q

Level One

Tell me more about the Estate Agents Act 1979

A

Applies to sale and acquisition of land and property. Seven key principles:
1. Clarity on the terms
2. Honest and accurate
3. Agreement and liability for costs
4. Openness about conflicts of interest
5. No discrimination
6. Legal obligation to tell client offers received
7. Keep client’s money separate

Non compliance is a warning or fine. Not a criminal or civil offence.

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9
Q

Level One

Tell me more about the Misrepresentation Act 1967

A

The purpose of the misrepresentation act is to provide a greater amount of security to parties that enter into a contractual agreement, to ensure that they are not tied to an agreement, or suffer loss, as a result of a misrepresentation

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10
Q

Level One

Tell me more about CPR 2008

A

Consumer Protection from unfair trading Regulations, 2008

  • Replaced the Property Misdescriptions Act
  • Broader and not related directly to Property
  • Agents must show duty of care and have an audit trail
  • Agents must not exert any pressure
  • Agents must declare everything known (good and bad)
  • Failure to comply is a criminal offence with compensation of up to £25,000 due
  • Policed by Trading Standards
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11
Q

What are the advantages of auction as a method of sale?

A

-Short certain timescales can be achieved
-‘Best price’ can be achieved after wide market exposure
-The property can be sold with certainty over selling terms

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12
Q

What are the disadvantages of auction as a method of sale?

A

-Expensive advertising costs
-It is not a confidential process
-The marketing period is likely to be short
-A failure to sell might lead to the property becoming ‘blighted’
-There is little control over the identity of the purchaser

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13
Q

What are the advantages of informal tender as a method of sale?

A

-Set timescales can be achieved
-More control over the purchaser inviting a select group of parties
-The process is not legally binding so either party can withdraw until the point of exchange, vendor not obliged to sell

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14
Q

What are the disadvantages of informal tender as a method of sale?

A

-Marketing costs and agency fees can be expensive
-Legal and financial arrangements are different dependent on the purchaser
-The process is not legally binding so either party can withdraw until the point of exchange (late withdrawals)

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15
Q

What are the advantages of formal tender as a method of sale?

A

-Set timescales can be achieved
-More control over the purchaser inviting a select group of parties
-Applicants bid blindly and there is no opportunity to withdraw or alter bids after they are submitted

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16
Q

What are the disadvantages of formal tender as a method of sale?

A

-Marketing costs and agency fees can be expensive
-Can be a time-consuming process
-Can be a lot of red tape especially if going through a public sale process

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17
Q

What are the advantages of private treaty as a method of sale?

A

-Flexibility - the parties can negotiate in their own time and without commitment in the open market
-Advertising can be tailored to suit the client’s requirements
-It is relatively inexpensive
-The seller is not obliged to sell
-It is a confidential process

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18
Q

What is Gazumping?

A

Refers to the process whereby a vendor (seller) accepts a verbal offer from a prospective purchaser (buyer) of a property and then accepts a higher offer from another buyer. The first buyer is said to be Gazumped

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19
Q

What are the disadvantages of private treaty as a method of sale?

A

-There is the potential for gazumping or gazundering, both of which are unethical practices by RICS
-There may be the risk of late withdrawals and associated abortive costs
-The quoting price could be under or over stated, requiring prudent advice on offers put forward or offers considered

20
Q

What is Gazundering?

A

Is a practice whereby a buyer lowers their offer at the last minute, just before contracts are exchanged. Sellers, conscious of the fact refusing the new lower offer could mean they are back at square one and an entire chain falling apart, often feel forced to accept.

21
Q

What are the stages in the legal process for a completed sale?

A
  1. Acceptance of the offer – must issues formal acceptance of the offer in writing to the buyer outlining the conditions of the sale (if not already agreed)
  2. Due diligence – if not already undertaken dependent on the method of sale (may already be undertaken in formal, informal tender and auction)
    o this may involve verification and inspection of the purchasing party
    o Additional surveys carried out by the purchasing party and further review of technical documentation
  3. Proof of Funds – providing some form of proof of funds for the sale
  4. Legal Contract – negotiating the legal contract for the sale, pulling together deeds of ownership and relevant title plans in
  5. Signing and Exchange of Contracts
  6. Completion
    o Money is transferred
    o Legal documents to transfer ownership are completed
    o Vacant possession of the property passed over
22
Q

How do exchange and completion work in an auction transaction?

A

When the hammer falls on a property auction, the exchange of contract between the seller and buyer of the property becomes legally binding
From this point, the buyer is committed to the purchase; the seller committed to the sale.
Completion usually takes place within 28 days from the auction

23
Q

What are the four agency bases?

A
  1. Sole Agency
  2. Sole Selling/Letting Rights Agency
  3. Joint Sole Agency
  4. Multiple Agency
24
Q

What is sole agency?

A

Where a single agent is appointed to market a property for sale/let
- The agent will only be entitled to its fee if it introduces, or (if the contract permits) has negotiations with, the eventual buyer while the agent’s agreement is in force

25
Q

What are sole selling rights?

A

Where a single agent is appointed to market a property for sale/let
- That estate agent will be entitled to its fee if there is any disposal of the property regardless of who found the buyer or had negotiations with them

26
Q

What is joint agency?

A

Where two (or more) agents are appointed to market a property for sale/let
- the agents agree to split the fee between them if one of them sells the property

27
Q

What is multiple agency?

A

Where multiple agents (more than 2) are appointed to market a property for sale/let
- the fee is only paid to the agent who sells the property

28
Q

What is a ready, willing and able purchaser?

A

A purchaser who is prepared and is able to (exchange unconditional contracts for the purchase of your property)

29
Q

What 3 things do you need to make a contract?

A
  • Offer
  • Acceptance
  • Consideration
30
Q

Can a verbal contract be legally binding?

A

Yes – if you can prove that the 3 elements listed above were present

31
Q

What should Heads of Terms include and are they legally binding?

A

Heads of Terms should set out the key terms of a purchase agreement including:
o Price – rent or purchase prices
o Length of lease (if applicable)
o Terms that the purchase is subject to e.g planning, result of survey
o Demise, red line boundary of the property being purchases
o Planning Use

Heads of Terms are not legally binding

32
Q

What are the key points of the Consumer Protection from Unfair Trading Regulations (2008)?

A
  • Protects consumers from unfair or misleading trading practices and bans misleading omissions and aggressive sales tactics
  • Ensures there is an obligation to trade fairly and honestly with consumers
33
Q

What are considered to be unfair practices under Consumer Protection from Unfair Trading Regulations (2008)?

A

Banned practices include:
- false endorsements
- misleading availability
- misleading context
- aggressive sales
- unreasonable demands

34
Q

Tell me about a factor which drives property markets?

A
  • Demand
  • Supply
  • Availability of finance
  • Wider economic conditions
35
Q

What is SDLT?

A

SDLT = stamp duty land tax which is payable on property or land

36
Q

What is a cooling off period?

A

14 day period following the signing of terms of engagement for the sale of a property where the seller can change their mind with no abortive costs

37
Q

What are the different types of interest in land?

A
  • Freehold
  • Leasehold
  • Joint Ownership
38
Q

What is the difference between freehold and leasehold?

A

Freehold – you own the property and the land it is built on
Leasehold – you own the property for a set period with certain obligations set out in the lease but not the land it is built on

39
Q

What is an option agreement?

A

An option agreement, when used for development, is a way for landowners to realise an increase in land value without footing the substantial cost of obtaining planning permission. The developer will then get the opportunity to purchase the land at a discounted price as agreed in the agreement.

40
Q

What is an example of a legal interest in land?

A

A legal interest is a legal right over land which is effectively a complete, permanent and absolute form of ownership.
e.g a legal easement is a legal right of way over someone else’s land

41
Q

When does the land registry have to be notified of a transaction?

A
  • When the exchange of contracts has been completed
42
Q

Why would you use online marketing for a purchase/sale transaction?

A
  • Quick to use
  • Reach a wider audience than physical marketing
  • Lower cost
43
Q

Why would you use a marketing board for a purchase/sale transaction?

A
  • Demarcate the location of the property
  • Eye catching
  • Natural audience with footfall
44
Q

What is a Memorandum of Sale?

A

a written confirmation of the essential details of a property transaction

45
Q

When were the The Town and Country Planning (Use Classes) last amended and what changes were made?

A
  • Effective 1st September 2020
  • Removal of Use Classes; A, B1, D1
  • Introduction of Use Class E - encompasses commercial, business and service
  • Introduction of Use Class F1 and F2 - apply to learning and non-residential institutions and local community use
46
Q

Explain a factor which impacts upon sale value/sale terms.

A
  • Location
  • Use class
  • Restrictive covenants
  • Design for purpose
  • Sustainability standards
  • Planning specifics
47
Q
A