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Before paying a property “token,” have a locally qualified property lawyer or conveyancer verify the seller’s authority, the official title and encumbrances, boundaries and access, planning and building approvals, the property’s condition, and the exact written payment terms. Pay only to the recipient and account identified in a document you understand, after independently confirming the bank details.
This is a cross-jurisdictional checklist, not a substitute for local legal advice. A “token” may be called a reservation payment, booking deposit, earnest money or part-payment, and its refundability and legal effect depend on the country or state, property type and stage of the transaction. The document names below are categories to discuss with the relevant land registry, planning authority and local conveyancer.
What a property token can—and cannot—mean
The word “token” has no universal legal meaning. It can describe a small reservation payment made before a full contract, an earnest-money deposit attached to an accepted offer, or an instalment under a sale agreement. The label on a receipt does not tell you whether the seller must refund it, whether you have acquired any right to buy, or whether you have already entered a binding contract.
Official guidance shows why the transaction stage matters. The California Department of Real Estate explains that an accepted offer may be binding and that failing to complete can affect return of a deposit (California DRE, Information for Homebuyers). In England and Wales, GOV.UK says an offer is generally not legally binding until contracts are exchanged; Scotland and Northern Ireland have different rules (GOV.UK, Buying a home). These examples are not interchangeable rules for every country.
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Before transferring money, ask a local lawyer to identify the legal event that creates your commitment and to explain what happens if title, finance, inspection or planning checks fail. Obtain the complete reservation form, offer or sale contract—not just a chat message or marketing summary.
The document checklist at a glance
| Category | Request or verify | Why it matters |
|---|---|---|
| Ownership and authority | Current official title or registry extract; deed or transfer instrument; seller identity; company, trust, estate or power-of-attorney authority where relevant | Confirms who owns the interest and whether the person signing can transfer it. Check an official registry rather than relying only on a seller’s copy. |
| Restrictions and third-party rights | Registry entries, mortgages, charges, liens, easements, access rights, covenants, leases and occupancy rights | These can limit use, access, financing, transfer or development. |
| Boundary and area | Registered plan or survey, lot dimensions, boundary marks and a site survey where necessary | Reveals discrepancies between the legal parcel, fences, buildings and the land you think you are buying. |
| Planning and land use | Zoning or planning scheme, overlays, permitted uses, development restrictions, and nearby proposed or granted permits | Shows how the property may be used and what changes may be allowed. |
| Building approvals | Approved plans, building permits or consents, completion or occupancy records where relevant, and evidence additions match approvals | Unapproved work can create enforcement, correction or cost obligations for a new owner. |
| Condition and risks | Seller disclosure statement, inspection or survey reports, hazard information, repair records and utility details | Helps identify defects, hazards, missing services and likely repair costs. |
| Taxes and property charges | Local tax or assessment statements, service charges, association or strata records, and an agreement on arrears | Establishes recurring obligations and who pays outstanding amounts at completion. |
| Contract and token terms | Draft reservation or sale agreement, receipt, escrow or trust instructions, refund and cancellation clauses, deadlines, payee and bank details | Defines what the payment reserves, where it is held and what happens if a check fails. |
Consumer Affairs Victoria describes its due-diligence checklist as a starting point covering planning controls, title encumbrances, permits and property risks, while advising buyers to obtain professional help when needed (Consumer Affairs Victoria, Due diligence checklist). The categories above should be adapted to your local system.
1. Prove ownership and the seller’s authority
Obtain an independent title or registry search
Request the most recent official extract from the land registry or equivalent authority. Compare the registered owner’s full name, parcel number and legal description with the seller’s identity documents and the property being shown. A deed supplied by the seller is evidence to examine, not independent confirmation that the current register is accurate.
Ask your conveyancer to check whether the seller is an individual, company, trustee, executor, attorney or other representative. For a company or trust, confirm the person signing has the required resolution or authority. For an estate, verify probate or equivalent authority. A mismatch between the person advertising the property and the registered owner is a stop-and-clarify issue, not a reason to pay quickly.
Read every title entry, not just the owner line
Have the professional identify mortgages, charges, liens, caveats, restrictions, covenants, leases, occupancy rights and other registered interests. Some entries may be discharged at completion; others can remain and affect your intended use. New Zealand Consumer Protection specifically directs buyers to review the record of title for access rights (New Zealand Consumer Protection, Prepare to make an offer). Terminology and registration practices vary, so ask what each entry means in your jurisdiction and whether it will be removed before or at completion.
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2. Match the legal parcel to the land on the ground
Compare the plan, measurements and visible features
Use the registered plan or survey to compare the stated area and dimensions with fences, walls, driveways, buildings and landscaping. Check whether a garage, extension, parking space or access lane sits inside the parcel or on someone else’s land. A fence can be misplaced, and a marketing floor plan is not a legal boundary document.
Resolve discrepancies before money changes hands
If the area is material, the boundary is unclear or a structure appears to cross a line, commission an appropriately licensed surveyor. Ask the lawyer whether an easement or formal access right is required for a shared driveway, rear lot, utilities or emergency access. Do not assume long-standing use creates a legal right. Consumer Affairs Victoria’s checklist treats boundary and title investigation as part of due diligence, rather than something to leave until after purchase.
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3. Check permitted use, planning controls and nearby changes
Verify what you may do with the property
Obtain the current zoning or planning scheme, overlays and other controls from the local authority. Confirm that the existing residential, commercial, agricultural or short-term-rental use is permitted, and ask what approvals would be needed for your intended renovation, subdivision, change of use or home business. A property can be physically suitable yet legally unusable for your plan.
Search the authority’s records
Ask for records of granted and pending permits affecting the property and, where available, nearby applications that could alter traffic, views, noise, drainage or access. Treat an agent’s statement that “approval is coming” as unverified until the authority’s record and the written permit are available. The Victorian checklist directs buyers to planning controls and local issues for this reason.
4. Verify building permits and approved plans
Compare approvals with the structure you will buy
Request approved architectural or building plans, permits or consents, inspection records, and completion or occupancy documentation where the local system uses them. Walk through the property and compare the approved layout with every extension, enclosed balcony, converted garage, extra room, retaining wall and outbuilding. Ask who is responsible for any open permit or unresolved inspection.
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Do not inherit an unauthorized-work problem by assumption
Singapore’s Urban Redevelopment Authority advises buyers to obtain approved plans and warns that unauthorized works may leave obligations for the purchaser (URA, Buying Property, last updated 29 June 2026). The same practical issue exists elsewhere even when the terminology differs: the authority may require alterations, retrospective approval, removal or payment after a sale. Make the contract conditional on satisfactory approval checks, or obtain a written remedy and price decision before paying.
5. Investigate condition, disclosures and hazards
Read the seller’s disclosures
Obtain the jurisdiction’s seller disclosure statement, if one is used, and review known defects, leaks, flooding, fire or pest history, insurance claims, environmental concerns, disputes and repairs. California buyer guidance discusses disclosures, observable defects, inspections and contract contingencies (California DRE, Information for Homebuyers). A disclosure form does not replace your own inspection; it records what the seller reports under local rules.
Arrange independent inspections
Use an independent building inspector or surveyor to examine structure, roof, moisture, drainage, electrical and plumbing systems, heating or cooling equipment, insulation, asbestos or other locally relevant hazards. Request specialist reports where the general inspection identifies a concern. Confirm which utilities are connected, how wastewater is handled and whether service capacity meets your needs.
Put inspection rights and remedies in writing where local practice permits: for example, a deadline to obtain reports, a right to cancel or renegotiate for specified defects, and a clear process for returning the token. Do not treat a seller-provided report as an independent opinion.
6. Check taxes, service charges and shared-property records
Request current local tax or assessment statements and confirmation of any arrears. For a condominium, strata, homeowners’ association or managed development, review budgets, meeting minutes, rules, insurance, reserve funds, special assessments, pending litigation and transfer fees. Confirm in the contract who pays amounts accrued before completion and whether a final clearance or statement is required.
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The exact records depend on property type and jurisdiction. If a charge is not shown on the title, ask the local authority or association how it is recorded and whether it follows the property or the current owner.
7. Put the token and payment instructions in writing
Define the payment precisely
The written document should state the exact amount and currency, recipient’s legal name, purpose, account or escrow holder, date received, deadline for the next stage, and whether the money is held in trust, escrow or the seller’s operating account. It should say whether the token is refundable, when it may be retained, and how a refund is requested.
Attach conditions and consequences
List the checks that must pass—title, finance, inspection, planning, building approvals and any required sale of another property—and give each a deadline. State whether you may cancel, receive a full or partial refund, or require the seller to cure a defect. Ask local counsel whether the wording creates an offer, option, reservation agreement or sale contract, and whether a separate exchange, registration or notarization step is needed.
Independently confirm bank details
Property-payment fraud often relies on a last-minute email changing bank details. Verify the seller, agent, lawyer and account information through a trusted telephone number or in-person channel obtained independently of the message that supplied the instructions. GOV.UK’s home-buying guidance highlights this risk and the need to be cautious with payment instructions (GOV.UK, Buying a home). Do not rely on an email signature, forwarded message or familiar logo.
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- Identify the jurisdiction and transaction stage. Confirm the country, state or province, property type and whether you are viewing a reservation, offer or contract.
- Choose the official authorities. Locate the land registry, planning or zoning office, building-control authority and any association or strata manager.
- Collect the document set. Request the registry extract, seller authority evidence, plans, approvals, disclosures, inspection material, tax or service statements and draft payment agreement.
- Have a local conveyancer compare records. Require written explanations for title entries, access rights, restrictions, unpaid amounts and signing authority.
- Inspect and survey the property. Compare the legal plan and approved drawings with the actual site and building; obtain specialist reports for material concerns.
- Negotiate protective terms. Insert conditions, deadlines, refund rules, responsibility for unauthorized work and the completion treatment of charges.
- Verify the final payment instructions. Confirm the payee and account through a trusted channel and keep the receipt and complete signed document.
- Pay only after the unresolved-risk list is acceptable. If a material document is missing or a professional cannot explain a discrepancy, pause rather than relying on a verbal promise.
How to compare two properties before committing
When choosing between properties, score each one on the same evidence rather than comparing asking prices alone.
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| Comparison axis | Questions to answer |
|---|---|
| Ownership certainty | Do the seller’s identity and authority match the official registry? |
| Title burden | What charges, easements, access rights, restrictions, leases or other interests remain? |
| Boundary certainty | Does the registered area and plan match fences, buildings, driveways and the surveyed site? |
| Use and development | Are the present use and your intended changes permitted, and are nearby planning changes likely to matter? |
| Condition and exposure | What do independent inspections, disclosures and hazard records show, and are any works unapproved? |
| Payment and contract risk | Who receives the token, where is it held, when is it refundable and what event makes you legally committed? |
If a cell cannot be answered from an official record or a qualified professional’s report, mark it as unresolved rather than assuming both properties have the same risk.
Red flags that justify stopping the payment
- The person requesting money is not the registered owner and cannot produce documented authority.
- You receive only an old, cropped or unverifiable title copy, with pressure not to order an official search.
- The promised access road, parking space, extension or extra land is absent from the plan or title.
- Plans, permits or completion records do not match the building, or an authority inquiry is discouraged.
- The seller refuses an independent inspection or will not put refund conditions in the written agreement.
- Bank details change at the last minute, the account holder differs from the named payee, or payment is requested to an unrelated person.
- The agreement uses “non-refundable” language without explaining the legal basis, deadlines or what happens if the seller cannot transfer clear title.
A red flag does not prove fraud or make a sale impossible, but it means the issue needs independent verification and a written solution before funds are sent.
Adapt the checklist to local law
Mandatory searches and forms differ by jurisdiction. Some systems provide a title register and planning database; others rely on deeds, local certificates, land surveys or municipal records. Disclosure duties, tax clearances, escrow protections, cooling-off periods and the point at which an offer becomes binding also vary. Ask the local licensed conveyancer or property lawyer which documents are legally required for your address and transaction stage, and confirm information directly with the official land and planning authorities.
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