- In Singapore, conveyancing is done by advocates and solicitors; there is no separate class of licensed conveyancers.
- The buyer's lawyer checks the title before you commit and protects your money until ownership passes.
- The seller's lawyer redeems any existing loan and refunds CPF money used, with accrued interest.
- If a bank loan is involved, the bank will require a lawyer to act.
- The best time to involve a lawyer is before you sign or exercise the Option to Purchase.
What conveyancing means
Conveyancing is the legal process of transferring ownership of property from a seller to a buyer. It covers the documents needed to carry out the sale and, where relevant, the mortgage. Singapore uses the Torrens system of land registration, under which a transfer generally takes effect when it is registered, so checks against the land register before completion are an important part of the work.
In Singapore, conveyancing is carried out by qualified advocates and solicitors. There is no separate profession of licensed conveyancers as there is in some other countries.
Before you commit: reviewing the option and checking the title
The lawyer reviews the Option to Purchase (OTP) so you understand your payments, deadlines and risks before you are bound. The lawyer also searches the property's title to confirm who owns it and to find anything that affects it, such as:
- existing mortgages, caveats or other encumbrances
- the remaining lease on a leasehold property
- possible government acquisition or development plans nearby
Problems found at this stage may mean renegotiating or not going ahead, which is far easier before the option is exercised than after.
Between exercise and completion
After the option is exercised, the lawyer may lodge a caveat to protect the buyer's interest, raises requisitions with the relevant authorities, and works out and arranges payment of stamp duty within the deadline. The lawyer also coordinates the money: the bank loan, any CPF withdrawal and your cash, so that the right sums are ready on the completion date. Money passes through the law firm's regulated conveyancing account, so neither side is exposed.
For a private property, law firm guides commonly put the time from exercise to completion at about 8 to 12 weeks. HDB transactions follow HDB's own timetable.
Completion
On completion, the balance of the price is paid, any existing mortgage on the property is redeemed so the buyer takes clean title, and the transfer is registered so that legal title passes. For private property this is lodged with the Singapore Land Authority; for an HDB flat it is completed through HDB's process. The keys are then handed over.
Why buyer and seller each need a lawyer
The two sides want different things. The buyer's lawyer is focused on getting clean title with no hidden liabilities, arranging the loan and CPF, and paying stamp duty on time. The seller's lawyer runs a parallel process: obtaining a redemption statement and paying off the seller's loan from the sale proceeds, refunding any CPF money used plus accrued interest, and accounting for what is left. Sellers are sometimes surprised by how little cash remains once the loan and the CPF refund are paid, and a clear completion account helps avoid that.
Where a bank loan is involved, a lawyer is effectively required, because the bank will need one to act on the mortgage. For HDB resale flats, HDB can act where the buyer takes an HDB loan, but a private firm is needed when bank financing is involved.
When to speak to a lawyer
Engage a lawyer as soon as you decide to buy or sell, ideally before you sign an OTP. Early advice gives time to spot unfavourable terms and to arrange financing and CPF before the deadlines start.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
All buying & selling property guides
