Sale of completed private properties
Chapter 4.2
Learning Objectives:
Apply "caveat emptor" principle and duty of disclosure regarding defects in title and physical defects in sales.
Determine the constitution of misrepresentation and the liabilities.
Employ sale procedures in accordance with current practices.
Demonstrate competency in verifying the legal title of the seller/owner of the property.
Describe the different sales of property formalities, including by deed, in writing and evidenced in writing.
Demonstrate competency in utilising OTP and S&P contractual agreements and understand the legal implications.
Demonstrate how transaction monies should be handled lawfully.
Explain the legal requisitions and their purposes.
Explain the requirement to conduct bankruptcy searches during property transactions in accordance with Land Titles Act 1993 (LTA).
Apply the relevant provisions of the Building Maintenance and Strata Management Act 2004 (BMSMA) that pertain to strata-titled properties to guide prospective buyers of strata-titled properties on the concept of selfgovernance in Management Corporation (MC), the roles and responsibilities of Subsidiary Proprietors (SPs).
Discuss whether a contract has been entered into in various scenarios, including different modes of acceptance, repudiation by either party (e.g. buyer stopping a cheque after exercising an option), "subject to contract" and "conditional contract" (e.g. subject to satisfactory replies to legal requisitions).
Describe the rights and duties of the buyer and seller after signing of contract but before the legal completion of sale.
Explain the rights and responsibilities of sellers and buyers where the Law Society of Singapore's Conditions of Sale are incorporated into the OTP or S&P agreement.
Explain the steps involved in the legal completion of sale.
Discuss the effect of Residential Property Act 1976 (cross-refer to Paper 1, Unit 2.11), Land Acquisition Act 1966, Insolvency, Restructuring and Dissolution Act 2018 (IRDA) and Land Betterment Charge Act 2021 (LBCA), on the sale of land/property.