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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.

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