In Singapore's property market, there's a clear distinction between Option to Purchase (OTP) and Offer to Purchase, even though the terms might be used interchangeably at times. Here's a breakdown:
* **Offer to Purchase (OTP):**
* **Definition:** A formal letter from a potential buyer to the seller expressing their **serious interest** in purchasing the property. **Not legally binding.**
* **Content:** Typically includes the **offered purchase price**, the **desired option period** for the OTP (if applicable), and any **contingencies** (conditions the buyer's purchase is subject to, like securing financing).
* **Purpose:** Serves as a starting point for negotiation and shows the seller the buyer's commitment.
* **Buyer Action:** The buyer **submits the Offer to Purchase** along with an **earnest deposit** (usually 1% of the purchase price) to show good faith. The deposit is **usually refundable** if the offer is not accepted.
* **Option to Purchase (OTP):**
* **Definition:** A **legally binding agreement** between the buyer and seller **granting the buyer the exclusive right** to purchase the property at a **predetermined price** within a **specified timeframe** (option period).
* **Issued by:** The seller **issues the OTP** once they **accept the buyer's Offer to Purchase** (or a negotiated version of it).
* **Buyer Action:** The buyer **carefully reviews the OTP** and ensures it reflects the agreed-upon terms (price, option period, etc.). They then **sign and return the OTP** along with the **option fee** (typically 1% of the purchase price). This fee is **non-refundable** if the buyer backs out without a valid reason.
**Option Period:**
* The **typical option period** for an OTP in Singapore is:
* **14 days** for private properties
* **21 days** for HDB resale flats
* However, **it can be negotiated** between the buyer and seller and specified in the OTP document.
**What to Do with an OTP (as a Buyer):**
* **Review and Understand:** Carefully read and understand all the terms and conditions in the OTP before signing.
* **Secure Financing:** If the OTP is subject to securing financing, use the option period to **arrange your mortgage** and ensure you meet the loan approval conditions.
* **Engage a Lawyer:** Consider consulting a conveyancing lawyer to review the OTP and advise you on the legal aspects of the purchase.
* **Prepare for Sale and Purchase Agreement (SPA):** Use the option period to gather necessary documents and prepare for the signing of the Sale and Purchase Agreement (SPA), which is the final contract for the property purchase.
**In conclusion:**
* The Offer to Purchase expresses initial interest, while the OTP is a legally binding agreement with the right to purchase.
* Understand the difference and their implications before proceeding.
* As a buyer with an OTP, use the option period productively to complete necessary steps before the final purchase agreement.
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