Singapore

What happens if the seller can't give good title?

s. 6
Relevant section
Cap. 61
Act number
1994 Rev Ed
Edition year
No warranty
Title warranty rule
The Short Answer

If a seller cannot give good title, the buyer may rescind the contract and claim damages or specific performance — but only if the defect is material and not waived.

What the Law Says

The Conveyancing and Law of Property Act governs the transfer of land and interests in Singapore. Section 6 sets out the default position on title warranties in sale contracts.

In Singapore, there is no automatic legal warranty that the seller has good title unless it is expressly stated in the contract. The general rule is 'caveat emptor' — buyer beware.

Section 6 clarifies that unless the contract says otherwise, the seller does not promise or guarantee that they hold a valid, marketable, or unencumbered title. This means the buyer must conduct their own due diligence — such as checking the land registry (SLA) and title documents — before completing the purchase.

However, if the contract *does* include a clause promising good title — or if the seller makes a clear representation about title that induces the buyer to enter the contract — then the buyer may have remedies for breach, including rescission or damages.

Statutory Text

In the absence of any stipulation to the contrary, there is no implied condition or warranty that the vendor has a good title to the property sold, or that he will be able to convey a good title.

Conveyancing and Law of Property Act, s. 6 — Implied conditions and warranties

What to Do

1

Review the sale and purchase agreement carefully to see if it contains any express warranty or promise about title.

2

Engage a conveyancing lawyer to conduct title searches with the Singapore Land Authority (SLA) before signing or completing.

3

If a title defect is discovered before completion, notify the seller immediately and consider negotiating a remedy (e.g., price reduction, rectification, or termination).

4

If completion has occurred and a serious title defect emerges, consult a lawyer promptly — time limits may apply for claims.

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.