Podcast
Questions and Answers
What happens to the vendor's first claim if the sale proceeds are insufficient?
What happens to the vendor's first claim if the sale proceeds are insufficient?
Which of the following is NOT required by the CPF Board before legal completion?
Which of the following is NOT required by the CPF Board before legal completion?
When the sale price of a property is $1,000,000 and the outstanding housing loan is $600,000 with a penalty charge of $6,000, what is the total amount owed to the bank?
When the sale price of a property is $1,000,000 and the outstanding housing loan is $600,000 with a penalty charge of $6,000, what is the total amount owed to the bank?
What is the refund amount to the CPF Board when the vendor's actual CPF used is $500,000?
What is the refund amount to the CPF Board when the vendor's actual CPF used is $500,000?
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In the example provided, what amount did the vendor need to provide on legal completion?
In the example provided, what amount did the vendor need to provide on legal completion?
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If a vendor sold a property but did not provide the necessary documents required by the CPF Board, what would likely happen?
If a vendor sold a property but did not provide the necessary documents required by the CPF Board, what would likely happen?
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What could be the potential financial impact on the vendor if the sale price does not cover the outstanding loan and penalties?
What could be the potential financial impact on the vendor if the sale price does not cover the outstanding loan and penalties?
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What is one of the main purposes of requiring a valuation report at the time of a property's sale?
What is one of the main purposes of requiring a valuation report at the time of a property's sale?
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What role does V assume after the conclusion of the contract?
What role does V assume after the conclusion of the contract?
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Which action must V take if there is a proposed enbloc sale before legal completion?
Which action must V take if there is a proposed enbloc sale before legal completion?
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What is one of the primary duties of the Vendor’s solicitors?
What is one of the primary duties of the Vendor’s solicitors?
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Which document must the Vendor’s solicitors obtain from the vendor?
Which document must the Vendor’s solicitors obtain from the vendor?
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What is the purpose of conducting a title search on the property?
What is the purpose of conducting a title search on the property?
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What should the Vendor’s solicitors do if the sale is aborted?
What should the Vendor’s solicitors do if the sale is aborted?
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Which responsibility does the Vendor’s solicitor have regarding the stamp duty?
Which responsibility does the Vendor’s solicitor have regarding the stamp duty?
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What is indicated by V's fiduciary duty towards P?
What is indicated by V's fiduciary duty towards P?
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What is the primary purpose of the clause that negates oral representations, warranties, or promises made by the Vendor?
What is the primary purpose of the clause that negates oral representations, warranties, or promises made by the Vendor?
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What does the 'as is where is' condition imply about the property?
What does the 'as is where is' condition imply about the property?
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How does the non-merger clause affect the Vendor's liability post-sale?
How does the non-merger clause affect the Vendor's liability post-sale?
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Under what condition would a Vendor be liable for an outstanding fine after the completion of the property sale?
Under what condition would a Vendor be liable for an outstanding fine after the completion of the property sale?
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What is a potential risk for the Vendor related to the non-merger clause?
What is a potential risk for the Vendor related to the non-merger clause?
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What must the Vendor's solicitors prepare in relation to Seller's Stamp Duty?
What must the Vendor's solicitors prepare in relation to Seller's Stamp Duty?
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What does the phrase 'embodies the entire understanding' suggest about the contract?
What does the phrase 'embodies the entire understanding' suggest about the contract?
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What action is required from the Vendor’s solicitors regarding the Bank’s solicitor?
What action is required from the Vendor’s solicitors regarding the Bank’s solicitor?
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What would likely happen if no non-merger clause existed in the contract?
What would likely happen if no non-merger clause existed in the contract?
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What happens if the Vendor is classified as a non-resident Property Trader?
What happens if the Vendor is classified as a non-resident Property Trader?
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Which statement accurately relates to representations, warranties, or promises made prior to the execution of the agreement?
Which statement accurately relates to representations, warranties, or promises made prior to the execution of the agreement?
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What is a primary duty of the Vendor’s solicitors after legal completion?
What is a primary duty of the Vendor’s solicitors after legal completion?
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What document must the Vendor’s solicitors receive from the Purchaser’s solicitor?
What document must the Vendor’s solicitors receive from the Purchaser’s solicitor?
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Prior to legal completion, how many business days must completion accounts be forwarded to the Purchaser's solicitor?
Prior to legal completion, how many business days must completion accounts be forwarded to the Purchaser's solicitor?
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Which document is NOT directly prepared by the Vendor's solicitors during the sale process?
Which document is NOT directly prepared by the Vendor's solicitors during the sale process?
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What type of Title Deed can be handled by the Purchaser’s solicitor if the property is charged to a bank?
What type of Title Deed can be handled by the Purchaser’s solicitor if the property is charged to a bank?
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What is the primary responsibility of the Bank's solicitors regarding the TDM?
What is the primary responsibility of the Bank's solicitors regarding the TDM?
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What must the CPF Board's solicitors do within three working days from completion?
What must the CPF Board's solicitors do within three working days from completion?
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Which of the following actions is NOT a duty of the Bank's solicitors?
Which of the following actions is NOT a duty of the Bank's solicitors?
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What document must the Bank’s solicitors deliver to the Bank before 10 am on the next working day?
What document must the Bank’s solicitors deliver to the Bank before 10 am on the next working day?
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Who prepares the Notice to the Management Corporation regarding change of ownership?
Who prepares the Notice to the Management Corporation regarding change of ownership?
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What is the role of the Vendor's solicitor in relation to the ANDC?
What is the role of the Vendor's solicitor in relation to the ANDC?
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Which step follows obtaining the notice of final registration of the ANDC?
Which step follows obtaining the notice of final registration of the ANDC?
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What specific action must the Bank's solicitors take after obtaining the initial redemption statements?
What specific action must the Bank's solicitors take after obtaining the initial redemption statements?
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Study Notes
CPF Board’s First Charge
- If a property is sold, the bank has first claim on the sale proceeds.
- The CPF Board has a second claim on the remaining sale proceeds after the bank’s claim is settled.
- The CPF Board may require a valuation report, bank redemption statements, and confirmation that the vendor and purchaser are not related.
- If the bank’s claim is higher than the sale proceeds, the CPF Board receives nothing.
Example of Shortfall
- Outstanding housing loan: $600,000
- Penalty charge: $6,000
- Sale price: $1,000,000
- After paying the bank 606,000,theCPFBoardreceives606,000, the CPF Board receives 606,000,theCPFBoardreceives500,000.
- The vendor receives a $400,000 refund to their CPF account, representing the actual CPF used.
- The vendor loses $100,000 of their CPF.
Non-Merger Clause
- The non-merger clause ensures that the terms and conditions of the contract remain in effect even after completion of the sale.
- This clause is disadvantageous to the vendor because it allows for potential liability even after the property is transferred.
- Example: If a building code violation is discovered after completion, the vendor may be held liable despite the violation existing prior to completion.
Vendor’s Position After Completion
- The vendor becomes a trustee of the property, meaning they have a fiduciary duty to consult with the buyer regarding the property.
- For example, if a potential en bloc sale is proposed, the vendor must inform the buyer and vote according to their wishes.
Solicitor Roles
- The vendor, bank, and CPF Board each have their own solicitors involved.
- The vendor’s solicitor deals with the bank, the CPF Board, and the purchaser’s solicitor.
- The bank’s solicitor handles the bank’s financial interests.
- The CPF Board’s solicitor represents the CPF Board’s interests.
Vendor’s Solicitor Duties
- Serve notices of redemption to the bank and CPF Board.
- Obtain relevant documents from the vendor, including stamp duty certificates, property tax bills, and tenancy agreements.
- Conduct title and bankruptcy searches.
- Prepare and manage the transfer of the title deed.
- Attend completion and deliver the sale proceeds to the vendor.
- Inform relevant parties of the change of ownership, including the tenant, bank, and CPF Board.
Bank’s Solicitor Duties
- Review and approve the draft TDM prepared by the vendor’s solicitor.
- Forward the TDM to the bank for execution.
- Obtain initial and final redemption statements from the bank.
- Obtain the title deed and forward it to the vendor’s solicitor.
- Attend completion and deliver redemption monies to the bank.
- Provide electronic access to the TDM to the purchaser’s solicitor.
- Inform the bank of the TDM registration.
CPF Board’s Solicitor Duties
- Review and approve the ANDC prepared by the vendor’s solicitor.
- Digitally sign the ANDC on behalf of the CPF Board.
- Obtain the redemption statement from the CPF Board.
- Attend completion and deliver redemption monies to the CPF Board.
- Provide electronic access to the ANDC to the purchaser’s solicitor.
- Inform the CPF Board of the ANDC registration.
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Description
This quiz covers the details of the CPF Board's first charge on property sales, including the order of claims, financial implications, and the non-merger clause. Understanding these elements is crucial for anyone dealing with real estate transactions involving CPF funds.