Preliminaries

1. (a) The following is a list of steps that a purchaser’s solicitor would follow:
   1. (i) Collect details of the property and details of the vendor and purchaser (i.e. identity card, copy of the title, copy of the present sale and purchase agreement
   2. (ii) Obtain the information on the previous chargee (i.e. the present vendor’s financier)
   3. (iii) Conduct a land search on the property and ascertain the following:
      1. A. Who is the proprietor of the property;
      2. B. The details of the property to determine if it is encumbered and to whom;
      3. C. Whether the property is a leasehold or freehold property;
      4. D. Whether there is any restriction in interest on the property; and
      5. E. Whether there is any private caveat lodged on the same
   4. (iv) Conduct a bankruptcy search on the vendor and if it is a company, to do a company search and a winding up search on the company.
2. (b) Upon obtaining the relevant searches and confirmations, proceed to prepare a draft sale and purchase agreement.
3. (c) Once the draft sale and purchase agreement has been completed, the purchaser’s solicitor would forward a copy to the vendor’s solicitor for their perusal and amendment (if any).
4. (d) Upon completion of the negotiation on the terms and conditions of the draft sale and purchase agreement with the vendor’s solicitor, the purchaser’s solicitor would then prepare the following documents:
   1. (i) the memorandum of transfer (Form 14A)
   2. (ii) the CKHT 2A form - In order to prepare and file this form, the purchaser’s solicitor will require the income tax number and place of submission of the income tax file, of the vendor
   3. (iii) five copies of PDS 15 form which is the form used by the stamp department to assess the value of the stamp duty payable on the memorandum of transfer (Form 14A)
   4. (iv) two copies of the entry of private caveat form (Form 19B National Land Code) together with the statutory declaration by the caveator, and two copies of the withdrawal of caveat form (Form 19G National Land Code)
   5. (v) the application for the state authority consent form together with its statutory declaration (if the property is with restriction in interest). Each state has its own type of forms.
   6. (vi) the bill for legal fees and disbursement incurred; and
   7. (vii) a statutory declaration for the purchaser to sign stating that he is not a bankrupt or in the case of the company, the relevant directors statutory declaration stating that they are not bankrupt and the company is not under any winding up proceedings

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