Property Hunter Magazine Issue 63- February 2015 | Page 40

CONTRIBUTOR | Chris Tan Using a common lawyer is not encouraged as a lawyer acting for both the vendor and the purchaser could very well find himself (or herself) caught in a conflict of interest, and would have trouble maintaining impartiality. As such, you would be at a disadvantage should your lawyer be biased in favor of the vendor. STAGE 4: ASSISTING IN FINANCING ARRANGEMENT If required, your lawyer can also make arrangements for you to meet the bankers to arrange for your housing loan. The bankers in turn will let you know whether you are eligible to obtain a housing loan. Here, you should be well aware of bank loan terms, such as promotional and long term loan rates, commencement dates and redemption penalties etc. Tip: Get a loan provider of your choice rather than your lawyer’s choice. Here, your lawyer will request for a redemption statement from the respective financial institution to indicate how much is to be paid to redeem the property. Also there will be an exchange of undertaking (legally binding promises) between all parties, which you will need to sign. Once the redemption sum is released and paid to the respective financier, this process is then complete. Tip: This stage might drag on for a long period depending on the efficiency of the financial institution. As such, always provide for enough time in the agreement to facilitate this stage. STAGE 6: TRANSFER OF LAND There are many products out there to choose from. (Financial Institutions, Insurance Companies, EPF, Government Loans, Industrial Bank Grant, Islamic Banking Products). This process begins by sending the necessary documents including the transfer form to the Inland Revenue Board for adjudication who then ascertains the amount of stamp duty that needs to be paid. Choosing the lawyer’s recommendation is a convenient option, but it might not be the best for your needs! Other than the commercial terms of the loan, your lawyer can actually share with you the unique practice and work culture of each bank. This is extremely helpful to manage your expectation of the bank. Once the value of stamp duty is ascertained, the lawyer must then collect the respective amount from the purchaser and stamp the transfer form. Note however that the lifespan of the transfer form is only 3 months. Failing to register the transfer form within its lifespan may lead to a penalty being imposed on the purchaser. STAGE 5: DISCHARGE AND REDEMPTION (IF APPLICABLE) After stamping this transfer form, the lawyers will then pres [