The sale and purchase of real estate in Singapore is subject to the principle of “Caveat Emptor”.
“Caveat Emptor” is a Latin word for "Let the buyer beware"
Under the principle of caveat emptor, the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.
As a buyer, you must check, investigate and ask questions on the property, before you buy, failing which you must bear the risks and consequences of the purchase. You buy the property on “as is where is” basis.
Therefore, if you did not do due diligence before buying, then you could not recover damages from the seller for defects on the property.
However, there is one exception: if the seller actively hides and conceals latent defects, then you could recover damages from the seller for such defects.
Latent defects refer to defects that could not be discovered by a reasonable thorough inspection before completing the purchase such as termite attacks and so on.
In such a case, the seller has a duty to disclose latent defects that is known to him. If the seller fails to disclose such known hidden defects, the seller may be construed as misrepresenting the state of the property.
If the seller misrepresents the condition of the property, when asked by you, then the seller may be liable to you for misrepresentation.
In such a scenario, you can request for the seller to make good on the property or ask for compensation.
As for the shattered glass, if the door was in good condition during inspection, the seller will have to rectify it.
If the door was shattered during inspection, the onus falls onto you since you had already exercised your OTP.
Hope this answers your question.
Team PropertyGuru Read More
1) Under current practice. You will buy as per what you saw.
2) So if the glass sliding door was in good condition but only broken after your exercising. The owner has the responsibility to fix it before handing it over to you.
3) You are entitled to an inspection before completion. You may discuss with the seller to get it fixed before your inspection. Otherwise, this will delay the completion.
Hope the above answer to your main concerns, but if there are more query, please feel free to contact me at 90110636, or email: email@example.com if more information is needed.
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