Some things you should know before paying or receiving
the option fee
- Most property purchases are commenced by the Seller granting to the Buyer an Option
to Purchase in exchange for the Buyer paying an Option Fee usually equivalent 1% of the
purchase price. Under the Option to Purchase, the Buyer has a certain period of time
(usually 2 weeks) to decide whether to purchase the property.
- If the Buyer decides to proceed with purchase he would be required to pay to
the Seller a further sum which together with the option fee makes up the Deposit.
The Deposit is usually 10% (inclusive of the Option Fee) of the price of the
property. Upon payment of the Deposit, a contract for sale and purchase comes into
existence. The terms of the sale and purchase contract are those contained in the
Option to Purchase.
- If the Buyer decides not to proceed with the purchase, the Option Fee is forfeited by
the Seller who is then free to sell it to another person.
- In view of the binding effect of the terms set out in Option to Purchase (once it is
granted) it would be wise for a party, whether Buyer or Seller, to
seek early legal advice on the terms of the Option to ensure that they are fair, especially
if the option is drawn up by the other party.
- If you are the Buyer, you should also conduct checks on the
following before paying your option fee :-
(a) a bankruptcy search to ensure that the Seller is
not an undischarged Bankrupt;
(b) a title search to ensure that the owner of the
property is the person you are paying the option fee to;
- Since you have to appoint solicitors to act for you in the purchase, it makes sense
to appoint them as early as possible. We shall be pleased to provide you preliminary
advice on the terms of the option as well as to make the preliminary searches on your
behalf. If you decide not to proceed with the purchase you
only need to pay a sum of $50.00 to cover the costs of the searches.
- To enable us to advice you on the terms of the option, please fax to us a copy of the
draft option (please indicate your contact number) at 63233262. Or contact our Mr
Yik or Mr Teo at 63230068. You can also send us an email at enq@law-services.com.sg.
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