The Bargain and Sale Deed is a crucial document in Hong Kong property transactions, used when transferring real property ownership from one party to another. It is employed in both residential and commercial property transactions where there is a definitive sale of property interests. The deed must comply with Hong Kong's Conveyancing and Property Ordinance (Cap. 219) and requires registration with the Land Registry. It includes essential elements such as proper party identification, precise property description, consideration amount, and title covenants. This document is particularly important as it serves as evidence of the transfer of title and must be carefully drafted to ensure it meets all legal requirements and protects both parties' interests. The deed becomes part of the property's permanent record and is crucial for establishing clear title chain.
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1. Parties: Identification of the Vendor (Grantor) and Purchaser (Grantee) with full legal names and addresses
2. Recitals: Background information establishing the Vendor's ownership and right to sell the property
3. Definitions: Definitions of key terms used throughout the deed
4. Consideration: Statement of the purchase price and payment terms
5. Operative Part: The actual words of conveyance transferring the property from Vendor to Purchaser
6. Parcel Description: Detailed legal description of the property being conveyed
7. Title Covenants: Vendor's warranties regarding title and authority to sell
8. Further Assurance: Vendor's covenant to execute further documents if needed to perfect the transfer
9. Execution Block: Formal execution section including witness requirements
10. Attestation: Witnessing provisions and notarial requirements
1. Encumbrances: Section listing any existing encumbrances that will continue after the sale, used when property is subject to continuing mortgages, easements, or other encumbrances
2. Restrictive Covenants: Details of any restrictions on the use of the property, included when specific use limitations exist
3. Joint Tenancy Declaration: Used when property is being transferred to multiple purchasers as joint tenants
4. Foreign Investment Declaration: Required when purchaser is a foreign entity or person
5. Spousal Consent: Required when the property is or was matrimonial property
6. Power of Attorney: Included when one party is acting through an attorney
1. Property Schedule: Detailed description of the property including lot number, address, and registered particulars
2. Title Documents Schedule: List of all relevant title documents and their registration particulars
3. Existing Encumbrances Schedule: Details of any continuing encumbrances affecting the property
4. Plan Schedule: Attached plans or drawings of the property
5. Fixtures and Fittings Schedule: List of included and excluded fixtures and fittings
6. Capacity Proof Appendix: Copies of corporate authorizations, powers of attorney, or other authority documents
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