Business Times - 3 Jan 2009
SISV
Services is fixing problem with caveats lodged for some
subsale deals
PRIVATE home prices have fallen but in some cases, the drop
may not be as much as suggested by SISV Services' Realink
database.
Savills Singapore has spotted more than 60 instances of
'duplicate caveats' listed at different prices for the same
transaction and which give the impression of a unit changing
hands within a span of a few months at a significantly lower
price, when in fact it hadn't.
The common thread running through these cases is that they
involved subsale deals transacted in the past six months for
projects which either received Temporary Occupation Permit in
2008 or are nearing TOP.
For example, Realink shows a caveat for a 47th floor unit
at The Sail @ Marina Bay sold in the subsale market in
September for $508,024 or $858 psf, when actually the unit was
sold for $1.45 million or $2,450 psf and which was caveated
three months earlier (and also shown in Realink). The lower
price was the price at which the developer first sold the unit
back in 2005.
In another instance, Realink shows a caveat for a unit at
Park Infinia at Wee Nam in November for $1.16 million or $868
psf, one-third lower than the $1.77 million or $1,325 psf
caveat lodged for the same unit two months earlier. Actually,
both caveats were lodged by the same buyer, who paid the
higher price.
Rodyk & Davidson LLP partner Tang Woon Ee told BT that
it was 'good practice' to advise clients who buy in the
subsale market to lodge two caveats. The first is when the
buyer exercises his subsale option and has to fully pay up the
initial 5 per cent deposit; this caveat will reflect the
actual transacted price.
Then, two or three months later, when this subsale
transaction is completed and the buyer enters into a fresh
sale and purchase agreement (SPA) with the developer, the
buyer should lodge another caveat to protect his interest in
the unit. This fresh SPA will reflect the original price at
which the developer sold the unit, since this is the price it
is entitled to collect.
'So if the developer originally sold the unit to Buyer 1
for $1 million and Buyer 1 later sells to Buyer 2 in the
subsale market for $1.2 million, the fresh SPA issued by the
developer to Buyer 2 will still reflect the $1 million price;
the profit (or loss) made by Buyer 1 from his subsale
transaction is not relevant to the developer,' Ms Tang
explained.
As a result, the original sale price of the unit gets
reflected in the second caveat lodged by the purchaser in the
latest subsale deal. In this instance, two caveats will be
lodged by Buyer 2 for the same transaction - the first at $1.2
million followed by another a few months later at $1 million.
SISV's Realink database, by listing both caveats, gives the
impression that the price of the unit has fallen about 17 per
cent in the past three months.
Said Ms Tang: 'A caveat is a legal claim against a
property. When the developer issues a fresh SPA to a buyer who
picked up his unit in the subsale market, it establishes a
relationship between the buyer and the developer - that's a
caveatable interest.'
SISV Services is in the midst of rectifying the problem,
which has been caused by the service provider not eliminating
'duplicate caveats' lodged for subsale transactions which show
the original price at which the developer sold the unit a few
years ago (and which is listed in the fresh Sale &
Purchase Agreement issued by the developer to the latest
subsale buyer).
An SISV Services spokesman attributes the problem in
Realink to an increase in subsale cases involving projects
originally sold on deferred payment schemes (DPS) as the
original buyers who may have picked up their units from
developers a few years ago are now feeling the pinch from the
economic downturn and facing difficulty getting bank loans.
This has led to an increase in subsales being registered
and duplicate caveats showing up, according to him.
To fix the problem, SISV Services has added a 'history'
button, next to transactions with two or more caveats lodged,
for the professional version of Realink. 'Users can view the
caveats' history and if they see the latest price is identical
to the initial transaction in the primary market say a couple
of years ago, they can disregard the latest caveat as being a
'duplicate',' the spokesman said.
'For the free version of Realink available to the public,
we are in the process of devising a computer programme to help
us identify the duplicates, so we may remove them.
'We didn't remove the duplicate caveats earlier because we
could not determine readily that they were 'duplicates' as we
do not have the buyers' names in the raw caveats data that we
buy from SLA (Singapore Land Authority).'
Savills Singapore compiled a list of over 60 subsale
transactions covering projects like The Sail, Cosmopolitan,
The Esta, Park Infinia at Wee Nam, The Sea View, The Azure,
Watermark, The Calrose and Parc Emily where Realink's database
showed latest caveats at significantly lower prices than
caveats lodged for the same units just a few months earlier.
Typically, the latest caveated price was also the original
transacted price for the unit a few years ago.
Savills did individual searches for a few of these cases
using Singapore Land Authority's Inlis system and, in each
instance, found two caveats being lodged for the property by
the same buyer, just a few months apart - and with the second
caveat at a lower price than the first.
Raw caveats data that SISV Services purchases from SLA does
not contain information on the buyers' or sellers' identities
to protect privacy. SLA confirmed that it provides identical
data to both SISV Services and the Urban Redevelopment
Authority.
Interestingly, URA's Realis system does not list these
'duplicate caveats' that do not reflect the latest transacted
prices.
When asked how it sifts out caveats lodged when developers
issue a fresh SPA based on original sale price, a URA
spokeswoman said: 'If a caveat is lodged against a developer,
we will ascertain whether it is a new sale or a fresh
agreement arising from a subsale.
'We do this by checking whether a caveat for the same unit
has been lodged against the sub-seller, whether a previous
caveat has been lodged for the unit when it was originally
sold and also against our database on new sales compiled from
monthly surveys of developers. If the caveat is lodged against
a developer arising from a sub-sale, we will not show the
record in Realis.'
On the duplicate caveats in SISV Services' Realink
database, Savills Singapore director for investment sales and
prestige homes Steven Ming said: 'Analysts who do not distil
the information carefully can come to very wrong conclusions
of the market, thus further aggravating the already weak
market conditions.
'Had end-users, investors and property owners relied on
such data without first seeking a professional opinion, they
can easily be making a misinformed decision as a result.'
There may also be a minority of rogue agents who may use
such erroneous low-priced caveats to their advantage in
convincing less savvy owners to close on low offers given
market conditions, he added.
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