Following are some preliminary matters that you should consider before purchasing your property:

     DOCUMENTS TO INSTRUCT    

Documents required (Individual)

Copy of NRIC (back and front)

Letter of Offer (if signed)

Copy of Title (if available)

Documents required (Company)

M&A

Director's Resolution for Purchase

Forms 9, 11, 24, 49

Information required

Seller's (or solicitor's) contact

Title Details (if copy not available)

Income Tax File Reference

Branch of Service

    CHRONOLOGY    

.Negotiating with Seller

Appointing Agent

Price Negotiations

Solicitor's Preliminary

Checks / Searches

Bankruptcy Search on Seller

Title Search

Ownership Check

Transferability Review

Redemption Check

Restrictions on Transfer

Consents Required

Financing Options

Cash Purchase

Meet Banker(s)

Check Financing Options

Margin of Financing

Monthly Installments

Booking Your Property

Earnest Deposit

Terms of Purchase

Select Solicitor

Sale and Purchase

Drafting SPA

Negotiation

Execution of SPA (V & P)

Pay Balance Deposit

Lodgement of Private Caveat

Conditions Precedent

Loan Facility

Accepting Offer

Bank instructs Solicitor

Preparation of Facilities

Execution of FA

Completion of SPA (w/Title)

File CKHT

Adjudication of Transfer

Notice of Assessment - Stamp Duty

Pay Differential Sum

Pay V's Redemption Sum

Registration of Charge

V's Redemption Sum Paid

Redemption Docs to P's Sols

Title to P's Sols

Pay Balance Purchase Price

Transfer Presentation

Bills Apportioned

Vacant Possession

V & P meet at Property

Joint Inspection

Meter Reading

Post Completion

Transfer Accounts (utilities)

Informing Authorities

Identifying the choice property

You will need to consider the type of property, cost of the property & budget location of the property (Location, Location, Location).

Appointing a Real Estate Agent

Find out whether agent / broker is familiar with your area. Consider whether to appoint an agent / broker on an exclusive basis or more than one on non-exclusive basis. Note that agency commission is usually payable by the Vendor, but in some circumstances where the Vendor is unrepresented, or when you instruct an agent / broker to represent you to negotiate a purchase for an on your behalf, you will have to bear the cost of the agency / broker fee.

Property Checks

Your solicitor will perform the relevant property, title and transferability checks. For purchase of land, you may also wish to conduct a land survey to be performed by qualified land surveyor (measurement definitions and conversions). For more information regarding strata titles, please refer to our section on Strata Titles.

Surveying your Financing Options [Property Financing]

As you will typically be required to pay the purchase price for the property within 3 months from the date of execution of the sale and purchase agreement, you should consider your financing options. If you intend to purchase your property with cash savings, then you should inform your solicitor of your intentions so that the forms filed with the Inland Revenue Department correctly reflect your plans.

Factors to consider when surveying our financing options:

     Interest Rate - Fixed / Floating

     Margin of Financing

     Redrawal Facility

     Lock-in Period, Early Exit Options and Penalties

Upon approval from your financial institution, an offer letter will be given to you, upon acceptance of which your financier's solicitors will commence preparation of the facilities agreement and other loan documentation on behalf of your financial institution. Take note that the solicitors in doing so are acting for the financial institution, and not for and on your behalf. In most cases (unless you have chosen a zero-moving cost loan facility), you are required to pay for all solicitor's fees and disbursements incurred in the preparation of your loan documentation.

Booking / Reserving your Property

Before you pay any earnest deposit to the Vendor or the registered real estate agent, you should first consult your friendly solicitor. Your friendly solicitor will ensure that all relevant checks are done on the Property title, and the Vendor. Your solicitor should be able to advise you of the transferability of ownership, and whether any consents and approvals are required.

You should also ensure that your solicitors review the terms of your offer to purchase, or if you are accepting an offer to sell, then such terms of the offer to sell. Failure to do so may result in your solicitor being bound in his drafting by the terms and conditions agreed between parties at the time of acceptance of the offer.

Sale and Purchase Agreement

Your solicitors appointed will prepare the sale and purchase agreement (SPA), negotiate terms and conditions with the Vendor's Solicitors, and advise you of your rights and obligations under the SPA. In many cases, your solicitors would also act as stakeholders (please refer to stakeholders duties)

Loan / Facilities Agreement

After you have accepted and returned a duly signed Letter of Offer from your financial institution, your financier will instruct its solicitors to prepare the loan / facilities agreement and other documentation that would protect the interest of your financier. The financier's solicitors will brief you of your rights and obligations and liabilities under the loan / facilities agreement.

Completion of the Sale and Purchase

Before completion, you must have completed the following (where property is with title):

     pay stamp duty pursuant to the notice of assessment of stamp duty payable

     the Vendor's financier has received the full redemption sum (if the property is charged to the Vendor's financier)

     the property must be properly redeemed and discharged

     the balance purchase price paid (inclusive of differential sum, redemption sum, and balance sum)

     the memorandum of transfer (and charge, where relevant) presented at the relevant land office.

Vacant Possession

The final step for completion of the sale and purchase is delivery of vacant possession by the Vendor to the Purchaser. During delivery of vacant possession, both Vendor and Purchaser should attend at the Property to perform a joint inspection, deliver all keys to the Property and agree on meter readings for electricity and water supply.

 Disclaimer :

Information and hyperlinks contained in http://www.liewchambers.com are for client reference only, and shall not be regarded as legal advice. Take note that the Liew Chambers does not guarantee the accuracy or reliability of such information, and disclaim all liability resulting from any reliance thereupon. Liew Chambers also does not endorse any information contained in or view expressed in any other webpage linked to our website. Applicable is our disclaimer statement.