No Stakeholder Monies to Be Held by Law Firms Soon

Finally! And I thought it’s going to take them long enough to realize that sometimes even the level which is suppose to be the most just and neutral party might just give you the most problematic issues.

Ministry of Law has came up with a proposal that might allow an entity to be the stakeholder instead of the law firms that are in charged of conveyance of the intended property. The two suggestive was either the local banks or the Singapore Academy of Law to be the possible candidate in the process.

This move is to prevent lawyers who has ill-intention to abscond their clients deposits. The most common property conveyancing involves in lawyer holding deposits is via the option to purchase method to purchase a property.

The usual conveyancing process involves the buyer to pay the seller a option money (usually 1%) and have a exercise money (4% or more, depending on the cash or what the option conditions were) which is to be held by the lawyer as stated in the option; The law firm will safe-keep the deposit (as stakeholder cheques are usually issued to the firm’s name). Upon the completion date of the property, the lawyer will then release the stakeholder’s sum together with the rest of the balance amount due to the seller.

You’ll feel much safer now when the deposits are addressed to an authority assigned department. This change is likely to happen by the end of the year.

Law Firm Pays $750,000 Difference for Not Exercising Option on Time

This will serve as a wake up call on the duties as a conveyancing law firm to or even to remind the client to exercise his/ her option to purchase on time.

June 20, 2009

A day late and $750,000 short for law firm

Clients win suit against firm for being late in filing purchase option for condo unit
By Desmond Ng

WHAT a difference a day makes.

For one couple, the mere delay of a day in buying their dream home cost them more than $700,000.

And the law firm, Toh, Tan & Partners, which had acted for them in the purchase, was made to pay them $750,000 in compensation.

The couple, Mr Chee Peng Kwan and Ms Jackelyn Sim, had instructed the firm to exercise their option to buy a property.

But the firm was one day late in doing so, resulting in the couple losing out on the chance to buy a unit at The Seafront on Meyer, a freehold condominium development along Meyer Road, in April 2007 at an offer price of $2.9 million.

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