Before paying any property “token” or reservation amount, have a locally qualified property lawyer or conveyancer verify the seller’s authority, official title, encumbrances, boundaries, planning and building approvals, physical condition, and the written payment terms. A token may be called a reservation payment, earnest money, booking deposit, or part-payment; the name does not determine whether it is refundable or legally binding.
This is a cross-jurisdiction checklist. Required documents, registry searches, disclosure rules, and the point at which an offer becomes binding vary by country, state, property type, and transaction stage. Use the framework below to organize your checks, then confirm the exact requirements with your local land registry, planning authority, and licensed conveyancer.
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Why the jurisdiction matters before you request documents
A deed or seller-provided title copy is evidence to review, not independent proof that the seller can transfer the property. The authoritative record may be held by a land registry, recorder, cadastral office, or another local system. Names such as “title search,” “land certificate,” “LIM,” “occupancy certificate,” and “planning permit” are not universal.
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Token rules differ just as sharply. California Department of Real Estate guidance explains that an accepted offer may be binding and that failure to complete can affect return of a deposit. In England and Wales, GOV.UK says an offer is generally not legally binding until contracts are exchanged; Scotland and Northern Ireland follow different rules. These examples show why you must ask a local lawyer exactly when your offer and payment create obligations, rather than relying on the label “token.”
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Official starting points include the Consumer Affairs Victoria due-diligence checklist, the California Department of Real Estate homebuyer guidance, GOV.UK’s England and Wales overview, Singapore’s Urban Redevelopment Authority buying guidance, and New Zealand Consumer Protection’s offer-preparation guidance.
The core documents to verify
Ask for the categories below, but do not assume every item exists or has the same name in your jurisdiction. Your conveyancer should obtain official records where possible and reconcile them with the seller’s documents and the property you inspect.
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| Document category | What to request or search | What the check establishes |
|---|---|---|
| Ownership and authority | Current official title or registry extract; deed or transfer instrument; seller identity; evidence of authority for a company, trustee, executor, attorney, or estate. | Who owns the registered interest and whether the person signing can sell it. Compare names and identification with the official registry, not only a photocopy supplied by the seller. |
| Restrictions and third-party rights | Registry entries for mortgages, charges, liens, easements, covenants, access rights, leases, occupancy rights, restrictions, and notices. | Whether another party’s rights could limit access, use, financing, transfer, or future development. Terminology and registration practices differ locally. |
| Boundary and area | Registered plan or survey, lot dimensions, boundary marks, and a licensed site survey when measurements conflict or are important to the purchase. | Whether the legal parcel matches fences, buildings, driveways, and the area represented in the listing. Resolve material discrepancies before paying. |
| Planning and land use | Zoning or planning scheme, overlays, permitted uses, development restrictions, local authority records, and proposed or granted permits affecting the property or nearby sites. | What you may legally do with the property now and what changes or development could be allowed later. |
| Building approvals | Approved plans, building permits or consents, completion or occupancy records where locally relevant, and approvals for additions, conversions, pools, or other structures. | Whether the existing building matches approved work. Singapore URA warns that unauthorized works can leave obligations for a purchaser; New Zealand guidance similarly recommends comparing consents and permits with the current floor plan. |
| Condition and hazards | Seller disclosure statement, inspection or survey reports, hazard information, repair records, utility and service details, and records of known defects. | Potential defects, environmental or natural hazards, service limitations, and likely repair costs. An independent inspection is separate from a legal title search. |
| Taxes and property charges | Local tax or assessment statements, utility or service-charge records, and association, strata, or homeowners’ records where applicable. | Recurring obligations, arrears, special assessments, and the agreed allocation of amounts due at completion. |
| Contract and token terms | Draft reservation form, offer, sale agreement, receipt, escrow or trust instructions, refund and cancellation clauses, conditions, deadlines, payee name, and bank details. | What the payment reserves, where funds are held, when it is refundable, which checks must pass, and what happens if the transaction fails. |
How to complete the checks before transferring money
- Identify the correct authorities. Ask your local conveyancer which land registry, planning office, building department, tax authority, and strata or association body maintain the relevant records. A national search may not show municipal planning or building information.
- Obtain an official title or registry extract. Check the parcel identifier, registered owner, legal description, mortgages, charges, easements, covenants, restrictions, leases, and notices. Have counsel explain entries you do not understand and confirm how they will be discharged or dealt with at completion.
- Match the seller to the registry. Compare the seller’s legal name and identification with the registered owner. For a company, trust, estate, power-of-attorney sale, or jointly owned property, request the resolution, grant, appointment, or other authority your jurisdiction requires.
- Reconcile the plan with the site. Compare the registered plan and dimensions with visible fences, walls, driveways, buildings, and the advertised area. Stop and obtain a survey if a boundary crosses a structure, access route, or area that affects value.
- Check planning controls and nearby proposals. Confirm zoning, overlays, heritage or environmental controls, permitted uses, and restrictions on alterations. Ask the local authority about granted and proposed permits nearby when traffic, construction, noise, or views matter to your decision.
- Verify every building approval. Request approved plans and permits for the original structure and later additions. Compare room layouts, enclosed areas, decks, garages, outbuildings, and conversions with what exists. Ask who is responsible for regularizing unauthorized work and whether insurance or financing could be affected.
- Inspect the physical property independently. Read the seller disclosure and existing reports, then commission an inspection appropriate to the building and local hazards. A report should identify defects and risks; it cannot confirm ownership or replace a registry search.
- Check money owed or attached to the property. Review tax, utility, service-charge, and association records and establish which arrears or special assessments the seller must clear before completion.
- Review the token document before signing. Make sure it states the property, parties, amount, purpose, deadline, conditions, refund triggers, cancellation rights, and the consequences of failed title, finance, inspection, planning, or approval checks.
- Verify payment instructions out-of-band. Confirm the payee, account holder, and destination account using a trusted telephone number or office contact you obtained independently. Do not rely solely on a last-minute email, message, or changed bank details. UK government guidance specifically warns buyers about property-payment fraud.
- Pay only after written approval. Transfer funds to the named recipient or regulated escrow or trust arrangement described in the agreement. Keep the signed document, receipt, registry searches, inspection reports, correspondence, and proof of payment together.
What the token agreement must answer
Do not transfer money against an oral promise, an informal chat message, or a receipt that omits conditions. The document should identify the exact property and parties, state whether the amount is a reservation payment, deposit, or part of the price, and name the account or trust arrangement holding it.
- Refund conditions: Specify whether the money returns if title contains an unacceptable burden, inspection reveals a material defect, financing is refused, planning or building records do not match, the seller cannot prove authority, or either party misses a deadline.
- Deadlines and next steps: State when searches, inspections, contract signing, and completion must occur, and who may extend a deadline.
- Default consequences: Explain whether the seller may keep the money, whether the buyer owes additional damages, and what happens if the seller withdraws or sells to someone else.
- Holding and release: Identify whether funds are held by a lawyer, licensed agent, escrow provider, trust account, or seller, and the conditions for release.
- Authority and signatures: Ensure every required owner or authorized representative signs, with witness, notarization, or electronic-signature formalities required locally.
Ask local counsel whether the proposed wording creates a binding contract immediately or merely records an intention to negotiate. California and England-and-Wales rules demonstrate that the same payment can have different consequences in different legal systems.
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How to compare two properties using the same risk framework
When choosing between properties, use identical questions and evidence for each rather than comparing listing descriptions.
| Comparison axis | Questions to answer |
|---|---|
| Ownership certainty | Do the seller’s identity and authority match the official record? Are all owners and representatives signing? |
| Title burden | Which charges, easements, access rights, covenants, leases, or restrictions remain, and will they be removed or accepted? |
| Boundary certainty | Does the registered plan match the physical site, buildings, fences, and advertised area? |
| Use and development | Is the current use permitted? Do zoning, overlays, approved plans, and nearby applications support your intended changes? |
| Condition and exposure | What do disclosures and independent inspections show about defects, hazards, unapproved work, and future costs? |
| Payment and contract risk | Who receives the token, where is it held, when is it refundable, and what legal commitment arises when you sign? |
Red flags that should pause payment
- The seller refuses to provide an official title extract or says a deed copy is sufficient.
- The person negotiating cannot explain why their name differs from the registered owner.
- Fences, buildings, driveways, or the advertised area do not fit the registered plan.
- Extensions, converted rooms, decks, pools, or outbuildings have no matching permits or completion records.
- The seller discourages an independent inspection or insists on a deadline too short for basic searches.
- The token document does not state refund conditions, the holding account, or what happens if checks fail.
- Bank details change by email, the account holder differs from the named payee, or payment is requested to an unrelated person.
- You are told that signing is “non-binding” without a local lawyer confirming the legal effect.
If a red flag appears, pause the transfer, preserve the communications, and ask your conveyancer and the relevant authority for written clarification. Do not attempt to cure a title, boundary, permit, or payment problem solely through an informal side promise.
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When professional help is essential
Use a licensed local conveyancer or property lawyer before paying when the seller is not the registered owner, the property is jointly owned or held by an entity, title shows a charge or easement, boundaries are disputed, construction differs from approvals, the property has tenants or association obligations, or the token agreement limits refunds. Professional advice is also prudent when you are buying across borders or cannot read the registry and contract language confidently.
Consumer Affairs Victoria describes its checklist as a starting point and notes that buyers may need professional advice. California DRE likewise tells buyers to read transaction documents and seek advice when they do not understand them. Treat inspection firms, agents, and lawyers as performing different roles: an inspector assesses condition, while a conveyancer verifies legal title and contractual risk.
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A practical file to assemble
Create one folder, physical or digital, containing the official title search, plan or survey, planning and zoning responses, approved building plans and permits, disclosure statement, inspection reports, tax and service records, draft token agreement, identity and authority documents, verified payment instructions, and the final receipt. Add the date and source for each record and note unresolved questions beside it.
Do not pay until your local professional has confirmed which unresolved items are acceptable, which must be conditions in the contract, and which require the seller to fix the problem first. The objective is not to collect paperwork for its own sake; it is to ensure that the person selling can transfer the promised interest, the property can be used as intended, and your money is protected if a material check fails.
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