Background to property purchase
When You Buy A Property
Background
There are many procedures and due diligence checks that must be done by your lawyer once you have entered into an agreement with the seller to buy a particular property. Generally, your lawyer would have to:
1. | Conduct searches | |
2. | Lodge a caveat | |
3. | Prepare the property transfer documents and other related documents | |
4. | Lodge the documents at Land Registry of SLA for registration |
SLA's STARS elodgment System (STARS ELS) at http://www.stars.gov.sg/ is designed to make the entire process within the purview of the Registrar of Titles more convenient and accessible . Although step 3 is not within the purview of the Registrar, we have nonetheless taken the initiative to enable document preparation to be more efficient and accurate by incorporating an intelligent Document Preparation Software within STARS ELS.
The advantage of STARS ELS is that it allows your lawyer to lodge land documents for registration anywhere. Imagine if your lawyer is held up in court and there is a document that needs to be certified by him before it can lodged. Previously, his clerk would have to take a trip to the courts to pass him the documents. With this system, your lawyer can check, certify and lodge the documents online during court recess.
Conducting Searches
Once you have informed your lawyer of the property you would like to purchase, he will conduct searches on SLA's land register to ensure that the property is indeed owned by the seller and that no other person has any claim to it. Previously, lawyers had to conduct a manual search of the land register at SLA, which is tedious and time consuming. However, since 1995, SLA has implemented STARS (Singapore Titles Automated Registration System), which lets your lawyer conduct the searches for you, online by remote access.
Lodging Caveats
Once your lawyer has established that the title of the property is in order, only then should you proceed to pay a deposit for the property. Once you have paid the deposit, your lawyer will prepare and lodge a caveat with SLA on your behalf. The caveat is essential because it is a notice of your claim to the property. On occasions where there is more than one claim to the same property, the time when the caveat is lodged is crucial because it shows you to be the first claimant to the property.
Once your lawyer has prepared the caveat, he will use STARS ELS to lodge it. As STARS ELS is online, your lawyers no longer have to rush down to SLA to lodge the caveat. Imagine if your lawyer is held up in traffic or in court and cannot make it before lodgment time ends at 12:00 noon! Daily lodgment time ends at 12 noon as lawyers need time to update their title searches before meeting other lawyers later in the afternoon to exchange documents (eg. transfer document) in return for payment of purchase price.
To ensure that caveats and other legal documents are prepared right the first time so that it will not be rejected by SLA, we have developed a Document Preparation Software which has intelligent checks to prevent inadvertent clerical errors such as missing out critical land information. The system will prompt your lawyer to amend such errors before lodgment with SLA. These documents can be prepared in advance and sent in for lodgment later.
Preparing for the transfer of ownership
After lodging the caveat, your lawyer should conduct more checks with other Government agencies to ensure that the property is not affected by other liabilities. Some examples include:
1. | Checking with LTA's road line plans to see if any part of your land is required for roads in the future using website at http://www.inlis.gov.sg/ | |
2. | Checking with IRAS to ensure that there are no unpaid property taxes on the property |
At the same time, your lawyer will also start preparing the documents for the transfer of the property to you. The information in your land documents must be correct. Documents that are inaccurately prepared will be rejected and will result in delays for you. Your lawyer will again use the document preparation software to prepare the transfer document.
In most instances, the lawyers conducting the transfer for the buyer and the seller are different. Before the buyer and seller sign the documents, both lawyers must agree to the contents. Previously, the two lawyers had to courier/fax the documents to each other. With STARS ELS, the lawyers can view these documents online once the lawyers have granted each other access, making it easier for them to deliver good services to their customers.
To protect owners of land, documents such as transfer must be signed by the property owner. The hardcopies of these documents with the original signatures of the owners must be presented together with the Certificate of Title at SLA before SLA will accept the documents. The Certificate of Title is issued by SLA and it proves that the owner has the right to deal with the land. Prior to STARS ELS, all lawyers must present these documents at SLA counter before 12:00 noon. Sometimes, the lawyers may have difficulty meeting the lodgment hours which ends at 12 noon everyday. With STARS ELS, your lawyer can submit the data electronically and deliver the hard copies later the same day.
Once the transfer document has been registered, your lawyer will be informed immediately so that your lawyer can call at SLA to collect the Certificate of Title (showing you as the owner) to be given to you for safekeeping.