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Real Estate Purchase Agreement
I need a real estate purchase agreement for a residential property in Singapore, including clauses for a 5% deposit, a 14-day option period, and a completion date within 90 days. The agreement should also outline the responsibilities for property taxes and maintenance fees until the transfer of ownership is finalized.
What is a Real Estate Purchase Agreement?
A Real Estate Purchase Agreement is the key legal contract between property buyers and sellers in Singapore. It spells out the exact terms of a property sale, including the agreed price, payment schedule, and completion date. This binding document follows guidelines set by the Singapore Land Authority and must be properly stamped under the Stamp Duties Act.
Beyond the basic sale terms, it covers important details like the property's condition at handover, included fixtures and fittings, and any special conditions that must be met before completion. The agreement also outlines what happens if either party backs out, making it an essential safeguard for both sides in Singapore's property market.
When should you use a Real Estate Purchase Agreement?
You need a Real Estate Purchase Agreement whenever you're buying or selling property in Singapore - from HDB flats to private condominiums and landed homes. The agreement becomes essential right after both parties agree on the price and key terms, but before any money changes hands or ownership transfers.
This agreement must be in place before paying the Option Fee or exercising an Option to Purchase. It's particularly important when dealing with special conditions like en bloc sales, property under construction, or transactions involving the CPF. Having it ready early helps avoid disputes and ensures compliance with Singapore's property laws and cooling measures.
What are the different types of Real Estate Purchase Agreement?
- Purchase Agreement For House: Standard template for residential property sales, covering HDB flats and private homes with typical financing and CPF usage terms
- Real Estate Agreement Contract: Comprehensive version for complex transactions, including commercial properties and mixed-use developments
- Land Sales Agreement: Specialized agreement for vacant land transactions, addressing zoning requirements and development potential
- For Sale By Owner Purchase Agreement: Simplified version for direct seller-to-buyer transactions without agent involvement
- Vacant Land Purchase Agreement: Detailed template focusing on undeveloped land sales with specific planning permissions and usage restrictions
Who should typically use a Real Estate Purchase Agreement?
- Property Buyers and Sellers: The main parties who sign and are bound by the Real Estate Purchase Agreement, including individual homeowners, property developers, and investment companies
- Real Estate Agents: Help negotiate terms and facilitate the agreement process under CEA guidelines
- Property Lawyers: Draft and review agreements, ensure compliance with Singapore property laws, and handle the conveyancing process
- Banks and Financial Institutions: Review agreements when providing mortgages and ensuring proper security interests
- CPF Board: Verifies agreements when CPF funds are used for property purchases
- Singapore Land Authority: Oversees property registration and maintains records of ownership transfers based on these agreements
How do you write a Real Estate Purchase Agreement?
- Property Details: Gather exact address, lot number, property type, and boundary information from INLIS portal
- Party Information: Collect full legal names, NRIC/FIN numbers, and contact details of all buyers and sellers
- Financial Terms: Document purchase price, payment schedule, and deposit amounts
- Funding Sources: Confirm bank loan details and CPF usage plans
- Property Condition: List included fixtures, existing defects, and required repairs
- Key Dates: Set Option Exercise Date, completion timeline, and vacant possession date
- Special Conditions: Note any en bloc potential, tenancy agreements, or development restrictions
What should be included in a Real Estate Purchase Agreement?
- Property Identification: Exact address, lot number, strata title details, and complete property description
- Party Details: Full legal names and particulars of buyers, sellers, and their capacity to contract
- Purchase Terms: Price, payment schedule, deposit amount, and completion timeline
- Title Warranties: Seller's guarantee of clear title and disclosure of encumbrances
- Completion Terms: Handover conditions, vacant possession requirements, and key date commitments
- Default Provisions: Consequences and remedies for breach by either party
- Stamp Duty: Clear statement on duty payment responsibilities under Singapore law
- Governing Law: Explicit statement that Singapore law governs the agreement
What's the difference between a Real Estate Purchase Agreement and a Sale and Purchase Agreement?
A Real Estate Purchase Agreement often gets confused with a Sale and Purchase Agreement, but they serve different purposes in Singapore's property market. While both involve transferring ownership, their scope and application differ significantly.
- Document Scope: Real Estate Purchase Agreements specifically deal with property transactions and include mandatory property-specific clauses like title searches and en bloc provisions. Sale and Purchase Agreements are broader, covering any asset transfer from goods to businesses.
- Legal Requirements: Real Estate Purchase Agreements must comply with Singapore Land Authority regulations and CPF rules. Sale and Purchase Agreements follow general contract law without these specific property requirements.
- Usage Context: Real Estate Purchase Agreements are exclusively for property transactions and require stamp duty payment. Sale and Purchase Agreements can be used for various transactions, from equipment to inventory sales.
- Documentation Details: Real Estate Purchase Agreements include property-specific elements like title details and zoning requirements. Sale and Purchase Agreements focus more on general terms of sale and delivery.
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