Showing posts with label Lawyer. Show all posts
Showing posts with label Lawyer. Show all posts

Tuesday, October 23, 2007

Costs of property transaction

Here collects the various costs related to a property transaction incl. solicitor's charge, agent fee and stamp duty etc.

1. Solicitor's charge

A conveyancing lawyer is responsible for doing all the relevant searches on the title deed to ensure that the seller does not owe any debt and to check to see if there is a road reserve on the property which may affect the value of the property. If the buyer is taking out a bank loan or CPF, the lawyer also ensures that the relevant documents are ready. The lawyer's role ends when the title deed is handed over to the buyer. For uncompleted properties, it could take up to 3 yrs. Resale transactions, however, are usually completed within 3 or 4 months.

The Law Society of Singapore recommends the following fee guidelines for the solicitors' remuneration.

For non-CPF conveyancing transactions:

  • Purchaser's solicitor: 0.3% of the purchase price subject to min. fee of $1800
  • Mortgagor's solicitor: 0.15% of the total loan subject to min. fee of $900
  • Mortgagee's solicitor: 0.3% of the total loan subject to min. fee of $1800
  • Where the same solicitor acts for purchase, mortgagor & mortgagee: 0.4% of the purchase price subject to min. fee of $2500

For CPF conveyancing transactions (first application to CPF board for withdrawal):

  • Up to $750K: chargeable by CPF solicitor $900 and by member's solicitor $450 if the solicitors are from different law firms; otherwise $500.
  • Over $750K up to $1.5m: the above are $1250, $625 and $500 respectively.
  • No further charge for member's revising the withdrawal sum where CPF moneys have not been released or within 6 months after such release

The solicitor usually charges disbursements that easily accounts 4-digit:

  • Various searches (normally mandated by the bank offering the loan), sometimes range from $700 up to $1000
  • stamp fee for the deed assignment (for the loan), $500+
  • registration fees on transfer & caveat (normally 3 sets @ $64.45 for the bank, CPF and yourself), typically some $350
  • photocopying, transport and other incidentals, depending on the individual solicitor, e.g. $100 ?

Note the bank offering mortgage usually subsidies the legal cost at some 0.4% of the loan amount, subject to fulfilling the min. period of loan facility (e.g. 3 yrs).

2. Agent fees

Institute of Estate Agents stipulates the professional fee / commission for agents / agencies based on standard services and upon successful transaction, but it does not interfere with any private arrangements:

  • Sale of all types of properties except HDB resale flats: 2% of contracted price for vendor as sales commission and 1% of contracted price as finder's fee (if the agency is the appointed representative).
  • Sale of HDB resale flats: 2% and 1% of contracted price for vendor as sales commission and purchaser as service fee
  • An agency shall not accept commission from both the Vendor and Purchaser in the same transaction.
  • Commission is due immediately upon completion of sale and purchase

It is the market practice that housing agent only charges the vendor 2% commission in case of condo or landed property sales, and charges both vendor and purchaser in case of HDB resale flat but the commission rate is often negotiable within the above guidelines.

Some agencies (e.g. ERA) provide extra services such as 6 months guarantee and bridge loan if both a client both buys and sells through the same agent.

HDB has over the years simplified and streamlined its resale procedures and made resale information more readily available to the public. It is not a requirement that resale HDB flat transactions must be facilitated by agents. However, HDB encourages to engage accredited SAEA members should one decide to use the agent's service: he will get priority over others with non SAEA-member agents when selecting the first appointment date.

3. Stamp duty

Stamp duty is a tax on commercial and legal documents which record and give effect to certain transactions. Since 28/02/1998, it is payable only on documents relating to immovable property, stocks and shares. These include a sale or mortgage or lease of immovable property.

Use the following conveyance formula (w.e.f. 29/02/1996) on purchase price round-up to the next nearest hundred dollars:

  • 1% on the first $180,000
  • 2% on the next $180,000
  • 3% on the balance amount

or for simplicity, 3% of purchase price - $5,400 when it is more than $360K.

4. Property tax

Property tax payable per year is computed based on tax rate of the Annual Value of the property. For owner-occupied residential building, the property tax rate is 4%. For properties other than owner-occupied residential buildings, property tax rate is 10%.

Annual Value is the estimated yearly rent the property can fetch if it were rented out. The Chief Assessor will determine the AV of the property by analysing rents of comparable properties and relevant data. It is determined regardless of whether the property is let, wholly owner-occupied or vacant.

Sunday, October 21, 2007

Legal fees

I always feel confused about how a lawsuit may cost and doubt that the legal protection (civil case) is out of reach for ordinary people. "The Sunday Times" today posts an article on the legal fees, which gives some insight.

  • sealing a writ of summons for the commencement of an action costs from $100 at magistrate court (claim of up to $60K) to $1000 at supreme court (claim of more than $1m)
  • filing a defence costs from $10 to $500 respectively
  • For each hearing day after the first day (the 1st day at magistrate & district courts is free) or the first 3 days (the first 3 days at supreme court is free), it can cost from $250 to $9000.
  • court of appeal hearing fees are $4000 to $6000.

Unless it drags too long, the above court fees seem still manageable, especially if the claimed amount is not big (e.g. < $250K so being heard at subordinate court).

However, the lawyer's fees are not cheap at all:

  • Contested criminal case in the subordinate courts for 1-wk trial: $20K to $25K. (the simple uncontested case in which the client pleads guilty is charged at $2000).
  • Contested divorce matter in the subordinate courts: $4000. (half if uncontested)
  • one-week trial at high court: $80K

Lawyers in big firms charge by hour: a new lawyer bills up to $250 an hour while a partner asks double for equivalent work. Furthermore lawyers usually charge 'big' for disbursements -- fees for photocopying & filing documents and transportation and even lunches during a trial!

Photocopying costs very often form the bulk of the disbursements: the court had ever ruled in 2003 that lawyers' photocopying charges at a rate of 15 cents per page (the guideline since 1987 stating 30 cents). A lawyer claimed $259K for photocopying charges in the history!

In the recent case of primary school teacher Jonathan Lock against NTUC Income, the legal bill finally presented to him surprised the public: $125K comprising $80K worth of legal work billed by his own lawyer.

Unlike the situation in US where (I heard) more lawyers fight for getting lawsuit case so they may do cases without charge unless winning over, the profession here has a 'monopoly' when it came to pricing its services. This suggests that small players likely lose out to big boys as the latter can drain the energy and money out of the former by putting them through all the legal hoops to make their case.

Although the Law Society will handle civil cases for free under the Criminal Legal Aid Scheme should the household income of the needed one fall below $2600, how many of us eligible for the legal help?


Monday, July 30, 2007

Buying resale HDB flat

Nowadays buyer of HDB resale flat must engage own solicitor probably due to the commercial bank loan. One may need to fork out some $2K, for example $1870 at Sim Mong Teck & Partners at HDB hub, for the legal fees:

** Solicitor's charge $850
** CPF cost $118
** Lodgment fees on caveat, transfer & mortgage $140
** Stamp fees on mortgage & transfer $510
** Disbursement - various searches $100
** Disbursement - transport, photocopy & incidentals $80
** GST $80

HDB market is on the upswing and its prices shot up 3% in the 2nd quarter, the biggest jump since 1999. 8700 transactions are reported in the quarter, or 38% up on the previous quarter. As the 'soft intervention' to the crazy market since this year, URA & HDB started to release more & new type of statistic data to provide true, sufficient and timely information (see at hdb.gov.sg).

Together with SLA's releasing more lands for developing new office & residential properties, HDB also announced its plan to offer 3000 new flats in the second half of this year.