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Real Estate Gift Of Equity Letter Template for England and Wales

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Key Requirements PROMPT example:

Real Estate Gift Of Equity Letter

"I need a Real Estate Gift of Equity Letter for my parents who are selling their London house to me at £200,000 below market value, with completion planned for March 2025; the property has an existing mortgage with Barclays that needs to be mentioned."

Document background
A Real Estate Gift of Equity Letter is commonly used in England and Wales when transferring property between family members at a price below market value. This document is essential for mortgage applications, tax compliance, and legal records. It specifies the amount of equity being gifted, confirms the relationship between parties, and declares the gift's unconditional nature. The letter helps prevent future disputes and satisfies lender requirements while ensuring compliance with UK property and tax laws.
Suggested Sections

1. Date and Address Details: Current date and full address details of all parties involved in the gift of equity

2. Property Details: Full legal description of the property including title number, address, and registered ownership details

3. Gift Amount Declaration: Specific amount of equity being gifted and current market value of the property

4. Relationship Declaration: Statement of relationship between donor and recipient and confirmation of voluntary nature of gift

5. Gift Confirmation: Clear statement confirming the gift is unconditional and represents a genuine gift of equity

Optional Sections

1. Mortgage Details: Details of any existing mortgage or new mortgage arrangements, required when property has existing mortgage or new mortgage will be taken

2. Tax Implications Statement: Statement acknowledging tax implications and responsibilities, included when specific tax considerations need to be addressed

3. Future Claims Waiver: Explicit waiver of any future claims on the gifted equity, included when donor wants additional protection

Suggested Schedules

1. Property Valuation Report: Independent valuation report showing current market value of the property

2. Identity Documentation: Copies of identification documents for all parties involved in the transaction

3. Title Documents: Recent official copies of the property's title register and title plan

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























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Industries

Law of Property Act 1925: Primary legislation governing property transfers in England and Wales, setting out requirements for valid property transactions and legal formalities for property transfers

Finance Act 2003: Legislation covering Stamp Duty Land Tax (SDLT) implications, tax treatment of gifts of equity, and associated reporting requirements

Land Registration Act 2002: Covers requirements for registering property transactions, necessary documentation for Land Registry, and establishes priority of interests

Inheritance Tax Act 1984: Addresses potential inheritance tax implications, including the seven-year rule for gifts and related tax planning considerations

Money Laundering Regulations 2017: Sets out requirements for identity verification, source of funds considerations, and due diligence requirements in property transactions

Financial Services and Markets Act 2000: Relevant for mortgage financing aspects and regulatory compliance requirements in property transactions

Consumer Protection Regulations: Governs consumer-related aspects of property transactions, ensuring fair treatment and transparency requirements

Teams

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