Personal study notes. Not professional, legal, financial, tax, or investment advice. Verify all rules and rates against the official Singapore agency (CEA, IRAS, HDB, URA, MAS, SLA, CPF Board) before relying.
Void vs Voidable ContractBreach of Condition vs WarrantyWays to Discharge a ContractJoint Tenancy vs Tenancy in CommonPrivity of Contract vs Privity of EstateOTP — New Launch vs Resale Private vs HDB ResaleHDB Resale vs Private Resale — Key DifferencesABSD Rates (2023 Revised — Residential)SSD Rates — Residential vs IndustrialHDB Loan vs Bank LoanDispute Resolution MethodsWhen CEA Forms Apply vs NOT
Void vs Voidable Contract
| Aspect | VOID | VOIDABLE |
|---|---|---|
| Legal effect | No legal effect from the start (ab initio) | Valid until set aside by innocent party |
| Who can end it | Either party or court; treated as non-existent | Innocent party only can elect to rescind |
| Causes | Incapacity (minor/unsound mind) | Fundamental Mistake | Illegality (e.g. backdated contract) | Misrepresentation | Duress | Undue Influence |
| Remedy | No damages; money/property returnable if possible | Rescission (set aside) + possibly damages |
| Can it be ratified? | No | Yes — innocent party may choose to affirm/continue |
| Example (property) | Seller of unsound mind signs OTP; contract backdated | Agent misrepresents unit size; buyer was pressured |
Breach of Condition vs Warranty
| Aspect | Condition (Major Term) | Warranty (Minor Term) |
|---|---|---|
| Importance | Goes to the root of the contract | Secondary/incidental term |
| Effect of breach | Innocent party may TERMINATE the contract AND claim damages | Innocent party can only claim DAMAGES; cannot terminate |
| Example | Property title is defective (can't transfer clear title) | Seller fails to include one piece of agreed furniture |
Ways to Discharge a Contract
| Aspect | Method | Details |
|---|---|---|
| Performance | Both parties complete all obligations | Contract ends naturally |
| Agreement | Parties mutually agree to end it | E.g. both agree to cancel sale |
| Frustration | Impossibility due to unforeseen event outside parties' control | E.g. government compulsorily acquires land; fire destroys property before completion; buyer dies |
| Non-performance | One party fails to perform | Leads to breach of contract → remedies apply |
Joint Tenancy vs Tenancy in Common
| Aspect | Joint Tenancy (JT) | Tenancy in Common (TIC) |
|---|---|---|
| 4 Unities | Required: Title, Time, Interest, Possession | Only Possession required |
| Shares | Equal shares only; cannot specify proportions | Can hold unequal shares (e.g. 60%/40%) |
| Right of survivorship | YES — deceased's share automatically to surviving co-owners | NO — share passes by will or intestacy |
| Can will away share? | NO | YES |
| Termination of JT | Severance converts to TIC: mutual agreement, sale of share, court order, bankruptcy | N/A — TIC ends by sale of all shares or partition |
| HDB default | Couples default to JT; can apply to convert | Can convert with HDB approval; common for investment |
Privity of Contract vs Privity of Estate
| Aspect | Privity of Contract | Privity of Estate |
|---|---|---|
| Meaning | Rights & obligations under the original lease agreement | Rights & obligations that come with holding the landlord/tenant relationship |
| Original LL + TT | YES — both signed TA | YES — both currently in landlord/tenant position |
| LL assigns to LL2 | LL1 still has privity of contract with TT; LL2 does NOT | LL2 now has privity of estate with TT; LL1 loses it |
| TT sublets to TT2 | TT1 retains contract with LL; TT2 has contract with TT1 | TT1 has estate with LL; TT2 has estate with TT1 |
| Novation (TT2 replaces TT1) | TT2 has new contract with LL; TT1 released from all liability | TT2 has estate with LL; TT1 has no estate |
OTP — New Launch vs Resale Private vs HDB Resale
| Aspect | New Launch (Developer) | Resale Private |
|---|---|---|
| OTP issued by | Developer | Seller (through agent) |
| Booking fee | Varies (often 5% or per payment schedule) | Typically 1% of purchase price |
| Exercise period | Typically 3 weeks | 14 days |
| Exercise fee | Balance to reach 20% (incl. booking fee) | 4% more (total 5% deposit) |
| S&P signing | Within 2 weeks of exercising OTP | Simultaneously with exercise or within 14 days |
| BSD/ABSD | Payable within 14 days of exercising OTP | Payable within 14 days of exercising OTP |
| Balance payment | Progressive payments during construction | Full balance at legal completion (8–12 weeks) |
| Completion | On TOP/CSC; vacant possession within 3 years | On legal completion date; keys handed over |
HDB Resale vs Private Resale — Key Differences
| Aspect | HDB Resale | Private Resale |
|---|---|---|
| OTP form | HDB prescribed OTP (mandatory) | Standard OTP (negotiated terms) |
| CEA forms required | YES — CEA prescribed estate agency agreements | YES (for residential completed property in SG) |
| Option fee | Max $1,000 (for flats ≤4-rm); max $2,000 (5-rm+) | Typically 1% (negotiable) |
| Deposit at exercise | Up to max $5,000 total (incl. option fee) | Typically 9% more (total 10%) |
| HFE required | YES — HDB Flat Eligibility letter must be obtained first | Not required |
| ABSD | Residential ABSD rates apply | Residential ABSD rates apply |
| CPF grants | CPF housing grants available (Family, EHG, PHG) | No CPF housing grants |
| Ethnic Integration | EIP applies — neighbourhood & block limits | No EIP restrictions |
ABSD Rates (2023 Revised — Residential)
| Aspect | Buyer Profile | ABSD Rate |
|---|---|---|
| SC — 1st property | Singapore Citizen | 0% |
| SC — 2nd property | Singapore Citizen | 20% |
| SC — 3rd+ property | Singapore Citizen | 30% |
| SPR — 1st property | Singapore Permanent Resident | 5% |
| SPR — 2nd property | Singapore Permanent Resident | 30% |
| SPR — 3rd+ property | Singapore Permanent Resident | 35% |
| Foreigner — all | Non-SC, non-SPR | 60% |
| Entity (company) | All entities | 65% |
| Developer — upfront | Property developer | 5% upfront |
| Developer — additional | If > 35% unsold after 5 years | Up to 35% additional |
SSD Rates — Residential vs Industrial
| Aspect | Residential SSD | Industrial SSD |
|---|---|---|
| Sold in Year 1 | 12% | 15% |
| Sold in Year 2 | 8% | 10% |
| Sold in Year 3 | 4% | 5% |
| After 3 years | 0% | 0% |
| Commercial SSD | No SSD for commercial | — (see residential/industrial) |
HDB Loan vs Bank Loan
| Aspect | HDB Concessionary Loan | Bank Loan |
|---|---|---|
| Eligibility | At least 1 SC; income ≤ $14,000/month; ≤ 2 previous HDB loans | Assessed by bank; no citizenship restriction for private |
| Max LTV | 80% | 75% (1st property, no existing loans) |
| Min cash down | None specifically — CPF can cover the difference | 5% in cash; up to 20% in CPF |
| Interest rate | 2.6% p.a. (fixed; 0.1% above CPF OA rate) | Variable — SORA-pegged; typically lower initially |
| Max tenure | 25 years; youngest age + remaining lease ≥ 95 | 30 years or until age 65, whichever earlier (25 yrs for HDB) |
| MSR limit | 30% of gross monthly income | 30% of gross monthly income |
| TDSR limit | Not applicable (HDB loan only) | 55% of gross monthly income |
| CPF deduction | All CPF deducted; may keep $20K in OA | Max 75% LTV; CPF for down payment and instalments |
| HPS required? | YES — Home Protection Scheme (life insurance on HDB) | Not required (own life insurance arrangements) |
| Fire insurance | Required (5 years) | Required (arranged by bank) |
Dispute Resolution Methods
| Aspect | Method | Key Characteristics |
|---|---|---|
| Negotiation | Direct between parties | Cheapest, fastest; NOT legally binding |
| Mediation | Neutral mediator facilitates; SMC (Singapore Mediation Centre) | Some cost; faster than arbitration; NOT legally binding |
| Arbitration | Arbitrator decides; SIArb (Singapore Institute of Arbitrators) | Costly; LEGALLY BINDING; private setting |
| Litigation | Court proceedings | Costly; LEGALLY BINDING; public setting |
When CEA Forms Apply vs NOT
| Aspect | CEA Forms REQUIRED | CEA Forms NOT Required |
|---|---|---|
| Property type | Completed residential properties in Singapore | Overseas property |
| Non-residential (commercial, industrial, shophouse) | ||
| Developer new launch sales (uncompleted) | ||
| En-bloc sales |