Embarking on the journey of purchasing a property can be an exciting yet complex endeavour, often accompanied by a myriad of industry-specific terms that might seem like a language of its own.
To demystify the real estate experience and empower property buyers with knowledge, we've compiled a comprehensive glossary of terms. Whether you're a first-time homebuyer or a seasoned investor, understanding the nuances of property-related lingo is crucial for making informed decisions throughout the buying process.
Real Estate Terms Glossary
Agent: A licensed professional authorized to facilitate property sales or purchases. Otherwise known as, Sales Agent or Property Consultants.
Appraisal: An appointment or discussion with a Sales Agent to assess the value and sales process of a residential property. During an appraisal, agents may suggest strategies to enhance property value, such as updates or renovations.
Auction: A public sale conducted by an auctioneer, typically (but not always) at the property, where the highest bidder acquires the property once it reaches the reserve.
Auctioneer: A licensed professional conducting an auction. The auctioneer may be the listing agent or a separate licenced agent.
Auction conditions: This generic terms generally refers to there being no cooling off period for buyers when purchasing at auction. Other conditions, such as subject to finance, are also not present in auction sale contracts.
Bidder registration: A buyer or their proxy (representative bidding on their behalf) must be registered with the sales agent to legally submit bids at Auction.
Building Inspection: An examination by an independent party to investigate the property condition and check compliance and safety. Usually done within the 48-hour cooling-off period or before an auction.
Buyer’s Agent: A licensed professional engaged by and paid for by a buyer to represent them in negotiations with a vendor or their agent.
Buyers’ Market: A market trend where prices are lower, primarily due to abundant property availability, benefiting buyers.
Buyer Manager: A role within some agencies managing a database of active buyers, matching them with properties. This service, not paid for by the buyer, lacks a legal relationship and is not comparable to the services of a Buyer’s Agent.
Capital Gain: The increase in the value of a capital asset upon sale, occurring when the selling price surpasses the original purchase price.
Capital Gains Tax: Tax payable on capital gains from the sale of an investment property. Refer to current Australian Taxation Office (ATO) requirements.
Caveat: The instrument by which a person who claims an equitable estate or interest in land may prevent the registration of any dealing with the land or a registered interest in the land - eg a caveat may be lodged against the registered proprietor of land, or the mortgagee of a registered mortgage, or the lessee of a registered lease.
Conditional offer: Submitting an offer that requires the contract of sale be written with conditions that must be met, in order for the sale to proceed. Conditions requested by the buyer are often ‘subject to finance’ or ‘subject to building inspection’.
Commission: A fee paid to an agent for services, typically a percentage of the contract amount as specified in the sales agency agreement. Buyers Agents can also charge a commission fee structure instead of flat-fee.
Community Title: A community title is evidence of ownership of a lot in a community plan. There are two types of community titles depending on the nature of the scheme, which can be a Community Scheme or a Community Strata Scheme. Community Scheme lot boundaries are determined by surveyed land (the physical boundary of the land, for example the fence). In a Community Strata Scheme the lot boundaries must be defined by reference to parts of the building, similar to a strata title. For example, the edge of the building wall for a block of units. Both types of schemes must have an area of common property for which the Corporation is responsible.
Contract Of Sale: A legal agreement formalizing the terms and conditions of property sale.
Conveyancer: A registered conveyancer is a licensed person qualified to advise and prepare documentation pertaining to property transactions.
Cooling Off Period: A short statutory period after a contract is made, allowing the buyer to terminate the agreement within 2 clear business days for any reason, except in the case of auctions.
Counteroffer: A new offer made in response to a prior offer that was not accepted, proposing different price or terms.
Deposit: A monetary commitment by the buyer, usually a percentage of the total sales price, potentially paid in installments at the end of the cooling-off period or per the auction contract.
Development Approval: Approval from the relevant planning authority to alter or construct a property.
Due Diligence: Investigation before a real estate transaction, encompassing legal, financial, and physical assessments. This includes reviewing property titles, conducting financial analyses, and inspecting the property's physical condition. The process aims to identify potential risks, ensure legal compliance, and provide the buyer with comprehensive information for informed decision-making.
Easement: The right to use another's land or prevent the owner from using it in a specific manner.
Encumbrance: Frequently, an encumbrance will contain restrictive covenants aimed at controlling the future use or development of the land. In the generic sense, a claim, lien or liability attached to the land, including a mortgage, lease and warrant of sale.
Emergency services levy: (ESL) a charge imposed on property owners to fund essential emergency services such as fire and ambulance services, collected annually by local councils.
Equity: The interest or value an owner holds in an asset beyond the debt against it.
Expressions of Interest: a method of sale where potential buyers are invited to submit written offers or expressions of their interest in purchasing a property. Unlike traditional methods with an advertised price or auction, EOI allows buyers to propose the price and terms they are willing to pay. The seller then reviews the received expressions of interest and may negotiate with prospective buyers to finalise a sale.
Form 1: A required document disclosing property particulars and cooling-off rights, usually prepared by the conveyancer and provided to buyers.
Form 3: A document waiving cooling-off rights, signed in front of a solicitor.
Form R3: A buyer education document created by the government and supplied by Sales Agents to inform buyers of things they should investigate prior to purchasing a property.
Form R4: A buyer education document created by the government and supplied by Sales Agents to all registered bidders at Auction, educating the buyer on Auction process and requirements.
Form R5: A buyer education document created by the government and supplied by Sales Agents to all registered bidders at Auction, educating the buyer on Collusive Practices at Auction.
Holding Over: At auction, if the highest bid has not met the reserve price, an Auctioneer may ‘hold over’ a property over, which means the auction is effectively paused. If the seller and buyer can agree to a price before midnight on the auction day, then the property can still be sold under auction conditions.
Land Agent: The licencing term for a registered real estate professional.
Land Tax: An annual tax paid to the state government based on property value. Exemptions apply that reduce this cost for many households.
Land Services SA: An Australian company that manages the Property Title Registry and Valuation Roll, appointed by the SA State Government with respect to land services.
Listing: An agent’s instruction to sell or lease real estate.
Market Price: The actual price paid for an asset, agreed upon in a contract.
Market Value: An estimate of a property's value on the date of valuation.
Mortgage: Documentation of a property loan.
Mortgagee: Financier or bank lending money against property as security.
Mortgagee Sale: A property sale due to default in mortgage payments.
Offer: Consideration offered to purchase a property.
Off-market: Property available for purchase without public advertising. Not to be confused with a pre-market property.
Open Inspection: scheduled period during which a property that is available for sale is open to the public for viewing. It allows potential buyers or tenants to visit the property, explore its features, and assess its suitability.
Passed-In: At an auction, if the highest bid falls short of the reserve price, the property can be 'passed-in,' indicating that it hasn't been successfully sold during the auction, and the auction has ended. The parties can still continue to negotiate.
Pre-approval: A lender's agreement to loan a particular amount, pending final approval. There are many different levels of pre-approval, some being automatically completed by computer, others being fully assessed by a loan officer.
Pre-market: A property available for sale, that hasn’t yet been widely advertised, but is intended for public advertisement.
Principal: A licensed estate agent overseeing an agency’s legislative compliance.
Private sale: Vendor sells property without an agent.
Private Treaty Sale: A sale negotiated directly between parties or their agents.
Public Auction Terms: A legal document outlining the terms and conditions that apply to purchasing a property at Auction.
Rates: Periodic property taxes levied by local governments. May also refer to ‘water rates’, which are fees levied by SA Water for provision of sewer and water supply or use.
Reserve: The minimum price a vendor agrees to accept at an auction.
Seller’s Market: A market trend where prices are high due to limited property availability, benefiting sellers.
Settlement: The final stage of a sale when a buyer completes payment to the vendor, titles change, and the buyer takes legal possession.
Sole Agency Agreement: An agreement appointing a single agent to sell a property, entitling the agent to commission even if another agent or the vendor makes the sale.
Stamp Duty: State government tax on sales contracts.
STCC (Subject to council consent): A disclaimer indicating potential property changes requiring council approval, such as renovations, extensions, building or subdivision.
Strata: Legal ownership handling of a portion of a building or land. Since 1 June 2009, it has not been possible to deposit new strata plans under the Strata Titles Act 1988 (SA). New divisions now use the Community Titles Act 1996 (SA). Strata corporations existing at 1 June 2009 were not affected by the change and are still regulated under the Strata Titles Act.
Subdivision: The legal process of changing the land allotment, generally by dividing it into more parcels of land that have their own, new title.
Torrens Title: Ownership of land and building solely, registered with the Titles Office.
Trust Account: Legislatively required account holding monies for or on behalf of another person. Buyers will transfer a purchase deposit into the sales agency trust account.
Unconditional offer: An offer without any other conditions. For example, if the offer is subject to finance, or a building inspection, then it is not unconditional.
Under contract: When both parties agree to a contract but conditions are not met yet.
Valuation: An estimate of an asset's value, often part of the loan approval process.
Valuer: A licensed professional conducting property valuations. Note, this is different to an Appraisal, which is a market estimate.
Variation: An alteration to a contract or its conditions.
Vendor: Legal owners of a property for sale in real estate transactions, otherwise known as the sellers.
Zone: designated land-use category within a specific area, as defined by planning regulations, to categorise land for different purposes, such as residential, commercial and industrial, influencing the type of structures that can be built and the activities allowed on the property.