| Acceptance: |
A positive response to an offer
or counteroffer. An acceptance may be "conditional," "express,"
"implied" or "qualified."
|
| Adjustment Date: |
The date on which all adjustments
of prepaid expenses, taxes, utilities, rents, interest, and similar items will
be calculated. |
| Adjustments: |
Those items of a financial nature
which are to be settled between the parties as of the Adjustment Date. The usual
items for adjustment are annual property taxes, water rates, local utilities,
garbage removal, Strata Fees, Interest on assumed mortgages, and rents, but can
also include fuel in a tank, prepaid cable services, insurance, and any other
item for which one or the other of the parties should be compensated before the
transaction is fully completed. |
| Amortization: |
The length of time over which
a loan will be retired in full, generally by way of monthly or weekly payments
of principal and interest. |
| Annual Property Taxes:
|
A tax levied on a property based
on the result of multiplying the assessed value time the "Mil Rate"
or rate of tax per $1000 of Property value. |
| Appraisal: |
A determination of the market
value of a piece of property done by a qualified professional trained in appraisal
techniques and familiar with the local market. The usual phrase used is. "The
value at which a given property will sell, between a willing seller and a willing
purchaser, given a reasonable period of time for exposure to the market. |
| Appreciation: |
The increase in the value of
a property over time. |
| Assessed Value: |
The value placed on a property
by the B.C. Assessment Authority for the purposes of determining annual property
Taxes. Assessed Value multiplied by the "Mil Rate" equals the tax levy
for the year. |
| Assumption of Mortgage: |
An agreement allowing the buyer
to assume responsibility for the seller's existing mortgage loan instead of getting
a new loan in his or her own name. |
| Base rate, Prime Rate:
|
Generally the lowest interest
rate charged by a lender to its most preferred customers. Some loans are expressed
as being "X" percentage points above Prime Rate. The Base or Prime Rate
plus the percentage agreed upon are used to determine the amount of interest due
on a variable rate mortgage loan. |
| Blended Payment Mortgage: |
A mortgage with blended payments
of principal and interest. Generally resulting in the same monthly payment over
the term of the loan. |
| CMHC - Canada Mortgage and
Housing Corporation: |
A Crown Corporation that insures
High Ratio (over 75% of the appraised value) mortgages against default. |
| Closing: |
The act of completing the registration
of the Land Transfer to the Purchaser in the Land Title Office, obtaining Mortgage
Funds, if any, and Paying out the Balance of Sale Proceeds to the Vendor. |
| Closing Costs: |
Expenses over and above the
purchase price for buying and selling a property. |
| Closing Date: |
The date upon which the closing
is to take place. |
| Cost of Borrowing: |
The annual cost of credit over
the life of a loan, including interest, service charges, brokerage, loan fees,
CMHC or other mortgage insurance. |
| Conventional Mortgage: |
A mortgage loan where the mortgage
loan does not exceed 75% of the appraised value of the property and is therefore
not required to be insured by a government agency such as CMHC. |
| Convertibility: |
The ability to change a loan
from a variable rate schedule to a fixed rate. |
| Covenants: |
Usually called Restrictive
Covenants because they restrict the use of real property. Often required as part
of the subdivision process by the approving authority, these are charges registered
against the title, and binding upon all subsequent owners. These covenants govern
how a property may be used. The most common are Covenants for in favour of the
Ministries of Health, Environment or Highways. |
| Conveyance: |
The term used to describe the
process of transferring the seller's title to a property to a buyer and includes
all the steps necessary to complete that transfer. A lawyer or notary usually
executes this process. |
| Counter offer: |
An offer made by the seller
back to the buyer altering one or several terms and/or conditions of the offer
as originally written. A counter offer may in turn be countered back by the buyer.
This process continues until both seller and buyer agrees to all terms and conditions. |
| Deed: |
In other jurisdictions, a deed
is the title to your property. In B.C. the title is properly called a "Certificate
of Indefeasible Title" and referred to commonly as the "Title". |
| Default: |
Breach of a contract. Failure
to do or not to do something that you have agreed either to do or not to do. |
| Density: |
The number of dwelling units
per acre. Allowable densities are determined by the Zoning bylaws of the local
government. |
| Deposit: |
A sum paid to secure the right
to purchase a home or property at terms agreed upon by the buyer and seller. The
Deposit should be sufficient to satisfy the Seller that the Purchaser would not
willingly forfeit the deposit if he or she found another home more to their liking
after the Interim Agreement was made but before Closing. |
| Down payment: |
The net difference between the
purchase price and the mortgage amount. |
| Duplicate Certificate of
Indefeasible Title: |
A duplicate copy of the original
title that may be signed out of the Land Title Office if the property is free
of financial encumbrances. The Duplicate must be returned to the Land Title Office
before the owner can deal with his property in any way. As a result, the Duplicate
title may be "Hypothecated" or given as security to a lender who will
hold the title until the loan is repaid. |
| Easement: |
A right-of-way granted to a
person or company allowing access to or use of the grantor's land. The most common
are utility easements for the servicing of properties with utilities such as water,
sewer, gas, and hydroelectric power. There are also access easements for driveways
and access lanes etc. |
| Encroachment: |
An intrusion onto an adjoining
property. Common examples are a fence, storage shed, or overhanging roofline that
partially (or even fully) extends over the property line of the adjoining property. |
| Encumbrance: |
A lien or charge, whether financial
or non-financial, registered against the title to the property. An easement is
a non-Financial Charge, while a mortgage, Judgement or Claim of Builder's Lien
would be a financial charge. |
| Equity: |
The difference between the appraised
value of a property and the debt that is owing against it. |
| Fee Simple: |
Ownership without conditions.
The English Common Law provided for a number of ways of owning title to land.
The word "Fee" meant ownership and additional words added described
the style of ownership. "Fee Simple" was simple ownership, without any
reservations or terms. An estate limited absolutely to a person and his or her
heirs and assigns forever without limitation or condition. The name survives today. |
| Fire insurance, All Risk
Broad Form Insurance Coverage: |
Insurance against loss by fire,
wind, storms, or other common hazards that a homeowner can purchase. |
| Fixed Rate Mortgage: |
A mortgage with a fixed interest
rate for the term of the loan. |
| Foreclosure: |
A legal process by which the
lender takes possession and ownership of a property when the borrower defaults
on the mortgage obligations. |
| Grantee: |
Properly called the "Transferee"
in B.C., the Grantee is the buyer, the person who receives the transfer of title
to the property from the seller. |
| Grantor: |
Properly called the "Transferor"
in B.C. the Grantor is seller, the person who transfers title to the property
to the buyer. |
| High Ratio Mortgage:
|
A mortgage loan in which the
amount borrowed exceeds 75% of the appraised value of the property. |
| Interest: |
The cost paid to a lender for
borrowed money. |
| Interim Agreement: |
The agreement entered into between
Buyer and Seller which sets out the Purchase Price, the Property to be transferred,
the Particulars as to date and terms, and the Parties to the transaction. |
| Joint Tenancy: |
The form of ownership in which
the Registered Owners of equal interests in the property declare that there shall
be an automatic right of survivorship. If one dies, the other automatically becomes
the owner of the entire property. The property does not form part of the deceased's
estate and is deemed to pass to the surviving owner the moment before death. |
| Land Title Fees: |
The fees paid to the Land Title
Office for the processing and recording of a Transfer or Mortgage document. |
| Lease: |
A contract entered into between
a Landlord and a Tenant for the rental of a property for a specific period of
time. |
| Lien: |
Any legal claim against a property,
filed to ensure payment of a debt. |
| Market Value: |
The price a property will sell
for, given reasonable time and market exposure, to a willing buyer from a willing
seller. Comparable recent sales and current listings can be used to help determine
a property's probable market value range. |
| Mortgage Broker: |
A licensed professional who
places mortgage loans on behalf of clients for a fee with various mortgage lenders,
depending on the type of loan and the qualifications of the borrower. To compete
with Mortgage Brokers, most banks now have in-house mortgage specialists who are
mobile and will come to your home or office to arrange a mortgage loan with their
bank. |
| Mortgage Lender: |
A Bank, Credit Union, Trust
Company, life insurance company or private company that lends money on the security
of land, houses, and real estate. |
| Mortgagee: |
The lender who makes a mortgage
loan. |
| Mortgagor: |
The Borrower who grants a mortgage
against his property to the lender to secure a mortgage loan. |
| Mortgage Loan: |
A loan agreement where the security
is the borrower's real property. The mortgagor (borrower) agrees to repay the
loan, and interest, and during the term of the mortgage (lender) to keep the home
insured, to pay all taxes and to keep the property in good condition. |
| Mortgage Application Fee:
|
The fee charged by the mortgage
lender for preparing a mortgage application, conducting credit checks, etc. |
| Multiple Listing Service®
(MLS®): |
A current and comprehensive
listing system for relaying property information to the various real estate boards'
member REALTORS. This service offers the widest exposure to properties listed
for sale. |
| Offer: |
A written contract setting out
the terms under which the buyer agrees to buy. Upon acceptance by the buyer and
seller, it forms a legally binding contract, subject to the terms and conditions
stated in the document. |
| Open Mortgage: |
A mortgage that can be prepaid
or renegotiated at any time and in any amount, without penalty. |
| Occupancy Permit: |
The local building inspector's
certification that the property has been fully completed in accordance with the
building code and local regulations. |
| PIT: |
The standard components of a
monthly residential mortgage payment: Principal, Interest, and Taxes. Some lenders
do not include the Tax component and allow the borrower to pay their own taxes
annually. |
| Possession Date: |
The date on which the purchaser
is to take occupancy of the premises. |
| Prepayment Privilege:
|
The right to pay all or part
of a mortgage loan in advance of the required payment date. While a standard mortgage
does not permit any prepayment, most lenders will allow a borrower to prepay a
portion, typically 10% or 15% of the principal, once in each year. They may also
allow a similar increase in the monthly payment once in each year. |
| Principal: |
The amount borrowed, excluding
interest and other charges. |
| Promissory Note: |
A legal document verifying the
existence of a debt and an unsecured promise to repay it, setting out the terms
of repayment and the interest rate to be paid. |
| Property Condition Statement:
|
This form enables sellers to
disclose known defects. If the seller decides not to complete the form and does
not disclose known defects, he or she can still be held liable. The form also
serves as a checklist for buyers enabling them to address concerns about the property's
condition on the spot. The British Columbia Real Estate Association developed
this form. Submission of the form is required before any listing is placed on
the Real Estate Board's MLS® system. |
| Property Taxes: |
A levy affected by location
and the value of the property as determined by BC Assessment. The rate of taxation
is determined by local government and assessed annually. |
| Property Transfer Tax, also
called PPT, Property Purchase Tax: |
A Land Transfer Tax levied on
the transfer of a real property by the Provincial Government. The rate is 1% on
the first $200,000.00 and 2% on the balance. Certain exemptions exist for transfer
between spouses or between certain related parties, and there are exemptions for
people who have never owned real estate before. Many restrictions apply. Please
consult the current rules to ensure that you qualify for an exemption before making
a commitment to purchase your property. |
| REALTORS®: |
Real estate professionals licensed
by the Real Estate Council of BC who are members of the various Real Estate Boards
and the British Columbia and Canadian Real Estate Associations. Only these professionals
can call themselves REALTORS®. |
| Rights of Way: |
Are indicated on title at the
Land Title Office; often for use of utilities or city or municipality in order
to make repairs to pipes, etc.; no permanent structure may be built on a right
of way. |
| Sales Contract: |
In BC, this is properly called
an "Interim Agreement of Purchase and Sale". |
| Statement of Adjustments:
|
A Statement prepared to include
the purchase price, deposit, real estate commissions, legal fees, property purchase
tax, property taxes and all adjustments that should be made between the parties.
The net result of the transaction is clearly set out for the vendor or purchaser
to see. |
| Statutory Building Scheme:
|
A Special form of Restrictive
Covenant that is filed by the developer to establish special building and design
guidelines and land use controls for the subdivision which are over and above
those of the municipality. |
| "Subject-to" Clause:
|
A statement of a condition to
be fulfilled before the contract will become firm and binding; must include a
specific deadline for removal. |
| Surveyor's Certificate of
Location: |
A survey to determine that the
buildings or improvements located on a property are properly situated within the
boundaries of the property and that the distance from the buildings to the property
lines complies with local regulations. Note that a Surveyor's Certificate of Location
does not establish property boundaries. |
| Tenancy in Common: |
The form of ownership in which
the Registered Owners of interests in the property declare that there shall be
NO automatic right of survivorship. If one dies, his or her share is distributed
in accordance with their Will or the Estate Administration Act, if intestate.
The property forms part of the deceased's estate and passes to the Personal Representative
of the Deceased upon filing a Probate Order with the Land Title Office. |
| Title: |
Properly called A "Certificate
of Indefeasible Title". This is the proof of a person's ownership of a property.
The original "Certificate of Title" cannot be removed from the Land
Title Office and is in fact only an electronic record. A Duplicate of the "Certificate
of Indefeasible Title" may be requested if there are no financial charges
registered against the property. This Duplicate Title must be returned to the
Land Title Office before the Owner can deal with his property. As such, the "Title"
may be hypothecated or used as security for a loan, since the lender knows that
the owner cannot dispose of the property without returning the Duplicate Title
to the Land Title Office. |
| Title Search: |
A detailed examination of the
ownership documents to ensure there are no liens or other encumbrances on the
property, and no questions regarding the seller's ownership claim. |
| Transfer: |
The written instrument, signed
by the "Transferor" (seller), and delivered to the "Transferee"
(buyer), by which one person conveys a property to another. |
| Utility Taxes: |
Examples may include water,
sewer and garbage (may include recycling levies). |
| Variable Rate Mortgage:
|
A mortgage loan where the interest
rate is adjusted according to movements in the Bank of Canada Discount Rate, or
the Prime Rate offered by the lending institution. Most variable rate mortgages
carry the option of converting to a Fixed Rate Mortgage at any time. |
| Vendor Take-Back Mortgage:
|
When sellers use their equity
in a property to provide some or all of the mortgage financing in order to sell
the property. |
| Walk-through: |
A final inspection of the home
before closing to inspect the premises for any damage that needs to be corrected
by the vendor before closing. |
| Warranty: |
A promise, either written or
implied, that the material and workmanship of a product is defect-free or will
meet a specific level of performance over a specified period of time. |
| Zoning: |
Regulations established by local
governments regarding the use of land and the location, size and height of any
improvements built thereon within a specific area. |