October 21, 2016

RHTLaw Taylor Wessing Deputy Head of Real Estate Sandra Han quoted in Property Guru

RHTLaw Taylor Wessing’s Deputy Head of Real Estate Sandra Han was quoted in Property Guru article titled “Someone died in this house; any takers?”. The article was first published in Property Guru on 21 October 2016. Someone died in this house; any takers? In Singapore, property agents and home sellers are not bound by law to disclose if a death has taken place in a home. This may seem unfair to some, but experts say there are ways of finding out if the home you’re interested in buying has a dark past. We investigate.   Source: © 2016 PropertyGuru Pte. Ltd Date: 21 October 2016 Author: Romesh Navaratnarajah 32-year-old Singaporean Joy Foo (not her real name) lives in her dream home, a rented walk-up apartment in Little India. “When I first visited the unit, it had a really nice feel to it, despite being dirty and unfurnished,” the television producer said. “After moving in and chatting to the neighbours, it turns out the previous occupant was a Hindu priest, which might explain the good energy I felt when I first viewed the unit.” Nightmare in Toa Payoh Foo made it a point to find out about the property’s past because about 14 years ago, she suffered a nightmarish experience while she was living in her parents’ HDB flat in Toa Payoh. Speaking to PropertyGuru, she recounted the incident: “I woke up in the middle of the night and from my bed, I could see a female ghost dressed in white outside my bedroom. I also saw a floating head with long hair outside my window grinning broadly and showing very sharp teeth. “Not knowing what to do, I shut my eyes and stayed still until I could hear some signs of life outside. The next morning, I told my grandmother about what I had seen the night before and she insisted on telling my parents. Shortly after this incident, we moved out.” Homes that are believed to be haunted, or that have seen murders or other crimes, are called stigmatised properties, and tend to be shunned by buyers and tenants. Don’t ask, don’t tell Some states in the US, such as Alaska, California and South Dakota require home sellers to reveal if murder or suicide had taken place on the premises. In Singapore, on the other hand, sellers are not required to disclose such facts. When contacted, Sandra Han, Partner in the Real Estate Practice at RHTLaw Taylor Wessing, said: “The attitude in Singapore is still very much a ‘buyer beware’ one. Research these days is much easier with the Internet. If the buyer feels strongly about it, he or she may attempt to extract a warranty from the seller, but the buyer is highly unlikely to succeed.” The lack of disclosure laws here has attracted criticism from a number of people. Foo believes that buyers have a right to know if the property they are viewing has a dark past, so they can make an informed decision on whether to proceed with the purchase. “What they don’t know won’t kill them, but buying a home is a very big financial decision and I think buyers would appreciate having all the information,” she said. Alan Cheong, Research Head at Savills Singapore, agrees. “If you can have laws pertaining to religious beliefs and religious harmony, and religion is something that the fundamental logic of science cannot prove, then something as ephemeral as a stigma should also be disclosed,” he said. Just Google it Cheong suggests that buyers can go online and search Google for information on incidents that happened in an area, then try to zoom in on a specific location. But other analysts noted that it would be hard to determine which unit has seen death, since exact addresses are anonymised in media reports. “Buyers would have to do the necessary background checks – such as checking with neighbours of the unit they are interested in,” said Dr Lee Nai Jia, Head of Southeast Asia Research at property consultancy Edmund Tie & Co. Cheong also thinks the best source would be the neighbours, “particularly from the older generation”. Lee added that buyers can look out for telltale signs, such as sellers offering prices substantially below market price, or who are overly eager to dispose of their properties. Does it kill property values? The question of whether the values of stigmatised properties are severely affected, though, is still a mystery. “Given that stigmatised properties are few and far between, and that the facts of the case tend to be incomplete or elusive, there is insufficient basis to conclude that stigmatised properties are heavily discounted, without having to resort to conjecture or anecdotal evidence,” said Lee. However, Cheong believes the pool of potential buyers who would be interested in stigmatised properties is smaller, “limited to those who are not concerned by the past, or those who have the belief that living in premises with a torrid history would bring them better fortune”. He added: “The fact that the market size is smaller would naturally translate to the price being lower.” He restrained from speculating about actual numbers. “How much lower, it is hard to tell, but my opinion is that it could run into double digit percentages.” A big headache for agents Marcus Sim, a property agent with PropNex Realty, revealed that selling a stigmatised property is a huge challenge for any seller and agent to undertake. “It involves a considerable amount of time and effort to market and eventually close the deal,” he said. According to Sim, the amount of work involved in selling a stigmatised property depends on what took place in the home or the surrounding area. “There are varying degrees of stigmatised properties, ranging from estates plagued by loanshark vandalism to estates where a murder has taken place.” In such situations, he first asks his client if there is an urgent need to sell the property. If so, he goes on to explain that such properties typically require a huge discount to entice buyers to even consider viewing the property. Although this isn’t the best scenario for sellers, it does provide a good opportunity for property hunters to get a good discount, noted Sim. “Unfortunately, such events don’t usually affect just one unit, but rather an entire cluster of surrounding units. And in most cases, sellers that are affected will have more room for negotiation in order to offload these properties,” he said. Ah long flats Sim has had some experience helping to sell stigmatised properties. He cited the case of a 3-room HDB flat in Clementi which had an asking price of $350,000. “The block had several cases of loanshark activity going on. It was quite evident as the police had set up signboards to call for witnesses of these illegal activities in the estate. So invariably, every buyer who came to view the unit knew what was going on in the estate because these signboards were placed at the lift landings of that particular block. “It was very hard to follow up with these potential buyers as most of them were put off by the signboards and lost all interest in the unit,” said Sim. Nevertheless, after four months of marketing the unit, he finally found a buyer who was willing to offer around $330,000, slightly under valuation. Even though the buyer knew about the block’s history, Sim said the sale went ahead because “the unit wasn’t the one affected by loanshark activity, and it had already been some time since the first few incidents occurred”.
October 17, 2016

RHTLaw Taylor Wessing Managing Partner Tan Chong Huat shared his views on “A global pushback” in this week’s Views from the Top

RHTLaw Taylor Wessing’s Managing Partner Tan Chong Huat shared his views in this week’s topic in the Business Times’ weekly column, Views from the Top. This article was first published in The Business Times on 17 October 2016. A global pushback OCT 17, 20165:50 AM THIS WEEK'S TOPIC: What would be the impact on business of a growing backlash against globalisation in the major economies? How should policymakers respond? Tan Chong Huat Managing Partner RHTLaw Taylor Wessing LLP EXPANDED global trade has raised incomes around the world. Unfortunately, as the Brexit vote demonstrated, the backlash against globalisation is real. It is increasingly clear that policymakers have underestimated the rise of nationalism and the sentiment of having been left behind felt by sections of society. Policymakers need to help workers affected by globalisation to retrain and get back into the labour force quickly. Economies like Singapore need to remain open and embrace globalisation. This is the only way to create jobs and raise incomes. For example, Singaporean businesses must press on in the Asean markets. At RHTLaw Taylor Wessing and the RHT Group of companies, we are actively growing our external wing through our Asean Plus initiative. This is evidenced by the recent launch of RHTLaw Taylor Wessing Vietnam.
October 17, 2016

RHTLaw Taylor Wessing Managing Partner Tan Chong Huat featured in The Straits Times

RHTLaw Taylor Wessing’s Managing Partner, Tan Chong Huat, was quoted in The Straits Times article titled “Law firm makes a case for branching out". The article was first published in The Straits Times on 17 October 2016.  Law firm makes a case for branching out Source: The Straits Times © Singapore Press Holdings Ltd Date: 17 October 2016 Author: Lee Xin En Local law firm RHTLaw Taylor Wessing has no intention of letting the Big Four accounting firms take a slice of Singapore's lucrative legal sector without a fight. PwC Singapore announced last month that it is hiring senior lawyers from top law firms here, while another Big Four firm, Deloitte, told The Straits Times last month that it is considering launching its own law firm. This is part of a global trend of accounting firms making forays into the legal business. Mr Tan Chong Huat, one of the founders of RHTLaw Taylor Wessing, says the firm is "built for the future" as it provides a suite of professional services, including forensics and data analytics. The firm has lifted staff numbers from 45 in the early days to 110 now. Mr Tan warned that Singapore law firms would be seriously challenged if the Big Four's "multi-disciplinary practices", comprising legal, accounting, restructuring and tax advisory services, arrive in Singapore in a "short and sudden" fashion. Mr Tan added that his firm had prepared itself for such high-level competition when it set up shop five years ago. RHTLaw started first but, the founders established a group of companies under the name RHT Holdings a year later. These include RHT Capital, which helps Catalist-listed companies with compliance, and RHT Corporate Advisory, a provider of corporate secretarial and governance advisory services. The RHT group now offers a wide range of services, including media and communications, as well as event-organising solutions. Mr Tan said RHT went beyond being a law firm because "in every business transaction, it's more than legal services that are needed". The strategy has paid off handsomely for the firm, which beat accounting companies to win an Accounting and Corporate Regulatory Authority project by leveraging on its analytics and compliance capabilities. But Mr Tan admitted that the journey to becoming an unconventional law firm was not easy. "As lawyers, your first and foremost instinct is to continue with the law practice. We took a long time to branch out.One of our concerns was the confusion in identity and branding." Luckily, the company, which celebrates its fifth anniversary today, is not resting on its laurels. It has strengthened its legal capabilities by hiring a team of former top police officers, enhancing its dispute resolution and litigation capabilities. This month, its strategic advisory arm formed a global alliance to expand its mergers and acquisition practice, while its capital arm received in-principle approval to be upgraded to a full listing sponsor. The company is counting on its strong Asian credentials to battle the big boys. It formed the Asean Plus group of 11 top Asian law firms in 2014. The firms share resources and aim to give clients integrated legal services. "When clients need us for cross-border transactions, our strong local knowledge means that we can quickly localise industry standards and execute the transaction because we are in a local jurisdiction," Mr Tan said. Asian expansion will be a priority of the firm. It aims to be in all major Asian markets by next year, and will pursue mergers in Indochina and Indonesia, he added.
October 13, 2016

RHTLaw Taylor Wessing Head of Regulatory Practice Nizam Ismail featured in Channel NewsAsia and Channel 5 News

RHTLaw Taylor Wessing Head of Regulatory Practice Nizam Ismail was featured in Channel NewsAsia and Channel 5 News. All three reports were in relation to the Monetary Authority of Singapore (MAS) decision to shut down Falcon Bank’s operations in Singapore citing serious failures in anti-money laundering controls and improper conduct by senior management regarding compliance. MAS has also imposed a fine on DBS and UBS for breaches in its anti-money laundering requirements and control lapses. The closure of Falcon Bank follows that of BSI Singapore earlier this year after investigation by MAS into 1MDB-related fund flows. Nizam contributed that the closure of a bank is a very extreme exercise of supervisory powers and it would have been carefully considered by the MAS prior to exercising that power. He also commented that this decision is a clear signal that anti-money laundering breaches will not be tolerated by the MAS. Nizam’s full features can be found in the following news reports: Singapore Tonight – Channel NewsAsia, 11 October 2016 PrimeTime Asia – Channel NewsAsia, 11 October 2016 5 News – Channel 5, 11 October 2016 Nizam Ismail is also a Co-Founder at RHT Compliance Solutions.