The Deed Of Absolute Sale With Special Power Of Attorney is a specialized legal instrument used in Hong Kong property transactions where there is a need to combine the absolute transfer of property ownership with the appointment of an attorney for handling specific aspects of the transaction or post-completion matters. This document is particularly useful when one party requires a representative to handle property-related matters on their behalf, such as when the seller or buyer is overseas or unable to personally attend to certain aspects of the transaction. The document must comply with Hong Kong's strict requirements for both property transfers and powers of attorney, including proper attestation, stamping, and registration. It incorporates all necessary elements for a valid property transfer while also clearly defining the scope and limitations of the attorney's powers.
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1. Parties: Identification of the Vendor (Seller) and Purchaser (Buyer) with full legal names and addresses
2. Background: Recitals establishing the ownership of the property and intention to sell and transfer
3. Definitions: Definitions of key terms used throughout the deed
4. Property Details: Comprehensive description of the property being sold including lot number, address, and registered particulars
5. Consideration: Purchase price and payment terms
6. Transfer and Assignment: Clear statement of absolute transfer of ownership and rights
7. Vendor's Warranties: Warranties regarding title, encumbrances, and authority to sell
8. Special Power of Attorney: Grant of power of attorney, scope of authority, and duration
9. Attorney's Powers: Detailed enumeration of powers granted to the attorney
10. Tax and Expenses: Responsibility for stamp duty, registration fees, and other costs
11. Governing Law: Specification of Hong Kong law as governing law
12. Execution: Execution blocks for all parties including witnesses as required for a deed
1. Conditions Precedent: Used when there are specific conditions that must be met before completion
2. Existing Tenancies: Include when the property is subject to existing tenancy agreements
3. Property Management: Include when there are specific management or maintenance obligations to be transferred
4. Revocation Clause: Optional clause specifying conditions under which the power of attorney may be revoked
5. Successor Attorney: Used when appointing substitute or successor attorneys
6. Foreign Law Compliance: Include when any party is foreign or there are cross-border elements
7. Survival Clause: Used to specify which provisions survive completion
1. Property Schedule: Detailed description of the property including boundaries, fixtures, and fittings
2. Title Documents: List of all relevant title documents and encumbrances
3. Inventory: List of any movable property or fixtures included in the sale
4. Powers of Attorney: Detailed list of specific powers granted to the attorney
5. Completion Requirements: Checklist of documents and requirements for completion
6. Existing Tenancies Schedule: Details of any existing tenancy agreements affecting the property
Relevant legal definitions
Agreement
Attorney
Assignment
Business Day
Completion
Completion Date
Consideration
Deed
Encumbrances
Existing Tenancies
Government Lease
Hong Kong
Land Registry
Laws
Ordinances
Party/Parties
Powers
Property
Purchase Price
Purchaser
Registration
Related Documents
Relevant Authority
Special Power of Attorney
Stamp Duty
Title Documents
Transaction Documents
Transfer Documents
Vendor
Warranties
Attorney
Assignment
Business Day
Completion
Completion Date
Consideration
Deed
Encumbrances
Existing Tenancies
Government Lease
Hong Kong
Land Registry
Laws
Ordinances
Party/Parties
Powers
Property
Purchase Price
Purchaser
Registration
Related Documents
Relevant Authority
Special Power of Attorney
Stamp Duty
Title Documents
Transaction Documents
Transfer Documents
Vendor
Warranties
Clauses
Sale and Purchase
Property Transfer
Title and Ownership
Powers of Attorney
Warranties and Representations
Payment Terms
Completion Requirements
Registration and Stamp Duty
Authority and Capacity
Indemnification
Revocation
Attorney Obligations
Property Condition
Encumbrances
Existing Tenancies
Tax Obligations
Costs and Expenses
Further Assurance
Notices
Governing Law
Counterparts
Severability
Entire Agreement
Assignment
Third Party Rights
Property Transfer
Title and Ownership
Powers of Attorney
Warranties and Representations
Payment Terms
Completion Requirements
Registration and Stamp Duty
Authority and Capacity
Indemnification
Revocation
Attorney Obligations
Property Condition
Encumbrances
Existing Tenancies
Tax Obligations
Costs and Expenses
Further Assurance
Notices
Governing Law
Counterparts
Severability
Entire Agreement
Assignment
Third Party Rights
Relevant Industries
Real Estate
Property Development
Legal Services
Banking and Finance
Property Management
Construction
Investment
Property Investment
Professional Services
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Corporate Secretarial
Investment
Operations
Risk Management
Finance
Business Development
Relevant Roles
Legal Counsel
Property Lawyer
Real Estate Manager
Conveyancing Manager
Property Director
Investment Manager
Real Estate Agent
Property Developer
Company Secretary
Compliance Officer
Real Estate Partner
Transaction Manager
Asset Manager
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