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LEGAL TRANSACTION INFORMATION
A property is transacted at an agreed selling price between the developer/seller and the buyer. This price excludes stamp duties, legal fees and all other professional fees which have to be borne by the buyer. Two main modes of property transactions are mentioned below.
Purchase under the Housing Developers' Rules for uncompleted projects:
A property is considered sold when the developer has given the buyer an Option to Purchase upon payment of a booking fee.
The booking fee payable for an Option to Purchase is 5% of the purchase price.
After an Option to Purchase is granted to the buyer, the developer is required within a period of 14 days from the date of Option, to deliver the Sale & Purchase Agreement and copies of the title deeds to the buyer or his representing lawyer for review. The Sale & Purchase Agreement will be in the form prescribed under the Housing Developers’ Rules.
The Option to Purchase will expire three weeks after the date the Sale & Purchase Agreement and copies of the title deeds are delivered by the developer to the buyer or his lawyer. If the buyer wishes to exercise the Option to Purchase, he must sign and return all copies of the Sale & Purchase Agreement to the developer before the Option expires.
After the exercising of the Option to Purchase, the purchaser is required, within eight weeks from the Option date, to pay the amount equivalent to 20% of the purchase price, less booking fee.
The buyer has to pay stamp duties to the Inland Revenue of Singapore within 14 days of signing the Sale & Purchase Agreement. The stamp fee payable is 3% of the purchase price minus S$5,400.
If the Option to Purchase is not exercised before it expires, the developer will be entitled to 25% of the booking fee and refund to the buyer 75% of the booking fee. Thereafter, the developer can sell the property to any other interested party.
The Option to Purchase is personal to the buyer. The buyer is not allowed to convey, assign or transfer the Option to Purchase that has been granted to him/her by the developer to any other persons.
Purchase of completed projects under private treaty:
The Option to Purchase is given to the buyer upon payment of the booking fee which is between 1% to 5% of the purchase price.
The buyer is given 14 days to exercise the Option to Purchase and pay 10% of the purchase price less the booking fee. If the Option to Purchase is not exercised before it expires, the booking fee is wholly forfeited by the seller.
The buyer has to pay stamp duties within 14 days of exercising the Option to Purchase. The stamp fee payable to the Inland Revenue of Singapore is 3% of the purchase price minus S$5,400.
Completion of sale takes place eight weeks from the date of the Option to Purchase.
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