SingaporeI bought a property with a hidden defect. Can I rescind?
In Singapore, you generally cannot rescind a property sale solely due to a hidden defect unless fraud, misrepresentation, or breach of a contractual term is proven — the Conveyancing and Law of Property Act does not provide an automatic right to rescind for latent defects.
What the Law Says
Singapore law does not automatically allow rescission of a property sale because of a hidden (latent) defect. The Conveyancing and Law of Property Act sets foundational rules for property transactions but does not create a statutory right to rescind for undisclosed physical defects.
Under Singapore’s legal framework, property sales are largely governed by the terms of the sale and purchase agreement — not by implied warranties about condition. The principle of 'caveat emptor' (buyer beware) applies: buyers are expected to inspect the property and rely on their own due diligence.
The Conveyancing and Law of Property Act (Cap. 61, 1994 Rev Ed) provides general provisions on conveyancing but contains no section granting rescission rights for hidden defects. Section 3 — the only referenced provision — deals with the interpretation of certain terms in the Act and does not address defects or remedies.
Rescission may only be available if the seller committed fraud, made a false representation that induced the buyer to purchase, or breached an express term of the contract (e.g., a warranty about structural soundness). Absent such grounds, the buyer’s recourse is typically limited to claiming damages — if any contractual or tortious basis exists.
Statutory Text— Conveyancing and Law of Property Act, s. 3 — Interpretation
What to Do
Review your Sale and Purchase Agreement for express warranties, representations, or conditions about the property’s condition.
Gather evidence of any pre-contract statements by the seller or agent regarding the defect (e.g., emails, brochures, verbal assurances confirmed in writing).
Consult a lawyer promptly — time limits for claims (e.g., for misrepresentation) may apply, and rescission must usually be sought before completion or very soon after.
If the defect poses safety risks or violates building regulations, consider reporting to the Building and Construction Authority (BCA) — though this does not create a rescission right.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.