Purchase & Sale Flashcards

(46 cards)

1
Q

What are four main methods of sale?

A

Auction
Formal Tender
Informal Tender
Private Treaty

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2
Q

Pros for each method of sale

A

Auction - quick & useful when a property is unlikely to gain good interest in the open market.
Formal tender - accountability & binding.
Informal tender - ability to negotiate further & no liability on client to accept highest bids.
Private treaty - control & inexpensive.

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3
Q

Cons for each method of sale

A

Auction - cost & lack of certainty of price.
Formal Tender - no opportunity to negotiate further.
Informal Tender - bidder can withdraw at any point.
Private Treaty - late decisions not to buy.

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4
Q

What factors do you believe influence value?

A

Location
Condition
Specification
Tenant’s Covenant

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5
Q

How do you adhere to to RICS Global Estate Agency & Brokerage Professional Statement, 2016?

A

Being honest and transparent.
Avoid misleading.
Disclose C of I clearly and promptly.
Carry out DD and verify all property info.
Act in the client’s best interests.
Terms of business are agreed
Hold client money properly
Ensure adequate PII.

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6
Q

What were the procedures you followed for DD in the sale of Sheffield?

A

Obtained full written instructions.
KYC checks
Inspected property.
Checked title.
Carried out AML checks.
Ensured all information was verified.

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7
Q

Can you explain the process of the inspection and measurement of the unit in Sheffield?

A

Safety - arrange inspection, confirmed PPE, informed team of whereabouts.
Inspected local area - new build development, noted boards.
External inspection - noted access, building construction, condition, parking, site boundary.
Internal inspection - noted layout, spec, services, defects, fixtures, fittings etc.
Measurement - measured on a GIA basis, measured yard depth.

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8
Q

What was the specification of the industrial unit in Sheffield?

A

55,000 sqft
7m eaves
3 roller shutter doors
1996 build
25m yard depth

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9
Q

How did you analyse the comparable evidence from local agents and online platforms for Sheffield?

A

With reference to HofE
ERV - Compared lease terms, location, size, spec, condition.
Yield - Compared tenant covenant, location, size, spec, condition.
RACK RENTED - New 15 year lease.

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10
Q

Could you please explain the factors you considered when establishing a suitable sale price for the Sheffield unit?

A

Current market conditions - interest / current economic trend.
Location
Spec and condition
Lease terms
Planning
Legal & title issues.
Method of sale.

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11
Q

What was involved in the process of drafting marketing particulars?

A

Verifying information with client
Ensuring the brochure was drafted in accordance with Misrepresentation Act 1967.
Checking drafts with client - any amendments.
Obtaining lease details.

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12
Q

When you carried out conflicts of interest and anti-money laundering checks for the Nottingham project, what were you looking for?

A

Conflicts - party conflict - e.g. letting a similar building elsewhere, personal or financial interest, confidential information conflict.

AML - red flags: can’t confirm source of funds, high risk country, use of offshore accounts.

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13
Q

Why did you carry out conflicts of interest and AML checks?

A

To ensure I could when accept instruction and maintain professional integrity and compliance with legal and regulatory requirements.

Protect reputation.

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14
Q

Can you provide more details about the disposal report you assisted in writing for the Nottingham property?

A

Provided clear professional summary to support decision making.

Property details
Lease details
Market Commentary & view on quoting price
Marketing strategy
Included market research, view on market rent and quoting sale price.

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15
Q

What information did you include in the sales brochure for the Nottingham warehouse?

A

Address
Lease Details
Property Details - specification, accommodation, site cover, measurements, eaves height etc.
Maps and pics
Quoting price
Contact details
Misrepresentation Act 1967 statement.

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16
Q

How did you ensure compliance with the Misrepresentation Act 1967 throughout the sales process?

A

Ensured to verify all information and include statement in brochure.
Keep records of information sources and communication with client
Use disclaimers
Avoid omissions.

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17
Q

What was the primary driving factor for the client’s acquisition of an industrial property in Peterlee?

A

Let to a strong tenant and asset management opportunity with an upcoming rent review.

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18
Q

What were the key findings from your inspection and measurement of the property on a GIA basis?

A

Building was in good condition and tenant had extensive maintenance contract to ensure compliance with lease.

There were some outstanding alterations which needed to be documented.

The unit was a key site for their wider campus on the same estate.

The measurements matched/were similar to those used in marketing materials.

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19
Q

What factors were considered when compiling the acquisition report for Peterlee and deciding on a recommended purchase price?

A

SWOT analysis
Factors considered - covenant strength, any works to be done, location, tenure, lease details, potential future development, use. AM opportunities, yield.

20
Q

How did you monitor the transaction process and communicate updates to the necessary parties?

A

Regular meetings with client.
Direct contact with solicitors.

21
Q

What were the main asset management initiatives that remained uncompleted at the time of acquisition (Peterlee)?

A

Document alterations under LTA.

22
Q

What were your client’s primary requirements for the asset located in the South East, particularly Dartford?

A

Wanted more exposure in South East
Good covenant
Possible AM opportunities
Targeting yields between 6 - 6.25%.

23
Q

What observations did you make during your inspection of the unit in Dartford that led to a recommendation for an EPC assessor?

A

I identified gas heaters within the warehouse.
I knew the EPC had been completed prior to the EPC regulation changes.

24
Q

What factors were involved in your advice that the investment opportunity met their asset management objectives (Dartford)?

A

Covenant Strength
Yield
Location
Lease terms

25
What were the key findings from the EPC, environmental and building surveys conducted for the Dartford property?
EPC - £250k capex. Building survey - Asbestos roof which may need replacing. Enviro - low risk
26
What would be included in an offer letter for a freehold purchase?
STC Purchaser Property Tenure Purchase Price Funding VAT DD Conditions Solicitors Timescale Confidentiality Signed & Dated
27
What is transfer of a going concern?
A sale of an asset is not treated as a supply of goods or services for VAT purposes, meaning it is not subject to VAT.
28
What are some key principles from the RICS Professional Statement: UK Commercial Estate Agency 2016?
Act in an honest fair transparent and professional manner. Due skill, care and diligence. Terms of engagement inc CHP. CofI Not to discriminate Comms - fair, decent clear and timely. Marketing materials - honest and truthful. Client money held separately. PII Realistic assessment of quoting price/rent.
29
What are the 7 key principles of the Estate Agency Act 1979?
1. TofE (s18) 2. Honesty and accuracy 3. Agreement and liability for costs 4. Openness about personal interests (s21) 5. Not to discriminate 6. Tell client about offers 7. CM separate
30
Penalties for breaching Estate Agency Act 1979?
Policed by National Trading Standards (Estate & Letting Agency Team) - Prohibition order - stop practicing - Warning order
31
What is the difference between MRA 1967 and CPR 2008?
MRA - civil offence, focuses on statements made, pre-contractual CPR - criminal offence, focus on conduct, during entire process (Trading Standards Office). MRA - sue for financial damages CPR unlimited fine, up to 2 years in prison.
32
What is Caveat Emptor?
Let the buyer beware Buyer should satisfy itself on all matters relating to a property.
33
What is the Business Protection Regulations, 2008?
Relates to business-to-business activities. Prohibits misleading business-to-business advertising - how businesses compare their products to products from other companies.
34
What are the three tests for negligent statements?
Foreseeability Proximity Fairness
35
What must be included in a title plan?
HMR stamp North point Metric scale Scale measurement bar Full address - inc postcode Demise outlined in red
36
What is the difference between sole selling rights and sole agency rights?
Sole selling rights - entitled to commission, regardless of who introduces the buyer. If they introduced buyer but sale took place outside of period, entitled to commission. Sole agency rights - only entitled to commission if they find the buyer.
37
What is the Estate Agents (Provision of Information) Regulations 1991?
Info that should be provided to client - service to be provided and any remuneration
38
What is the cooling off period?
Client has 14 days to not continue with instruction.
39
What other legislation should agents adhere to?
Bribery Act 2010 Data Protection Act 2018 Equality Act 2010 H&S Act 1974 Proceeds of Crime Act 2002 Money Laundering, Terrorist Financing and Transfer of Funds Regs 2017 Town & Country Planning Regs 2007
40
Stamp Duty levels?
Up to £150k - 0% £150 - £250k - 2% £250k + - 5%
41
Transfer of going concern?
Purchases not treated as a supply of goods and services - VAT not applicable.
42
What is included in purchasers costs?
Stamp Duty Agent's Fees Legal fees VAT
43
What should be included in an invitation to bid?
'best and final offer' Required date and time of receipt of written offer - deadline Name and address of applicant's solicitors Confirmation of finance arrangement Details of any conditions Confirmation that offers of a variable nature will not be considered. Vendor has the right not to accept the highest, or any, offer made.
44
Timeline of a sales instruction?
Receive instruction CIT - competent, independence, tofe. CDD - AML Gather property info PDD Check VAT position / TOGC Inspect and measure Confirm fixture & fitting position Comps Valuation Market report Approval of marketing particulars Marketing campaign Negotiations Liaise with solicitors Completion Invoice and retain file.
45
What should be included in TofE for agency?
Client Property Agent Agency Basis Agency rights Marketing costs and disbursements CofI AML Timescales CHP
46
What is a 'ready able and willing purchasers' clause?
If a client withdraws, an abortive fee may be charged by the agent.