Deed Of Sale And Deed Of Absolute Sale for Hong Kong

Deed Of Sale And Deed Of Absolute Sale Template for Hong Kong

A formal legal document governed by Hong Kong law that facilitates the transfer of property ownership from a vendor to a purchaser. This deed serves as conclusive evidence of the property transfer and must comply with Hong Kong's Conveyancing and Property Ordinance requirements. It includes detailed provisions regarding the property description, purchase price, warranties, and completion requirements, while also addressing specific Hong Kong requirements such as stamp duty declarations and Land Registry registration procedures. The document ensures the legal and binding transfer of property rights while protecting both parties' interests under Hong Kong's property law framework.

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What is a Deed Of Sale And Deed Of Absolute Sale?

The Deed of Sale and Deed of Absolute Sale is a crucial legal instrument in Hong Kong's property market, used to formalize and execute property transfers between parties. This document is essential when conducting property transactions in Hong Kong, whether for residential, commercial, or industrial properties. It must comply with the stringent requirements of Hong Kong's property law, particularly the Conveyancing and Property Ordinance (Cap. 219) and the Land Registration Ordinance (Cap. 128). The deed includes comprehensive details about the property, parties involved, consideration, and various warranties and representations. It serves as the primary document evidencing the transfer of property ownership and must be properly executed and registered with the Hong Kong Land Registry to be fully effective. The document is particularly important as it provides certainty and security in property transactions while ensuring compliance with Hong Kong's legal requirements for property transfers.

What sections should be included in a Deed Of Sale And Deed Of Absolute Sale?

1. Parties: Full legal names and addresses of the Vendor and Purchaser

2. Background: Recitals stating the Vendor's ownership, authority to sell, and intention to transfer

3. Definitions: Definitions of key terms used throughout the deed

4. Sale and Purchase: Core provision detailing the agreement to sell and purchase the property

5. Consideration: Purchase price and payment terms

6. Property Details: Detailed description of the property being sold

7. Completion: Completion date, time, and place

8. Title and Documents: Vendor's warranties regarding title and delivery of title documents

9. Vendor's Representations and Warranties: Standard warranties about property ownership, encumbrances, and condition

10. Purchaser's Acknowledgments: Confirmations regarding property inspection and acceptance

11. Stamp Duty Declaration: Declarations regarding stamp duty liability and payment

12. Costs: Allocation of legal costs and stamp duty

13. Execution: Formal execution block meeting Hong Kong deed requirements

What sections are optional to include in a Deed Of Sale And Deed Of Absolute Sale?

1. Existing Tenancies: Details of any existing tenancies - include if property is subject to ongoing leases

2. Property Management: Management fees and obligations - include for properties in multi-unit buildings

3. Vacant Possession: Conditions for delivering vacant possession - include if property is currently occupied

4. Mortgages and Charges: Provisions regarding existing mortgages - include if property is mortgaged

5. Car Parking Space: Details of associated parking rights - include if parking is included

6. Fixtures and Fittings: List of included/excluded items - include if specific items are being transferred

7. Pre-existing Violations: Handling of building code violations - include if there are known violations

8. Special Conditions: Any unique terms specific to the transaction - include as needed

What schedules should be included in a Deed Of Sale And Deed Of Absolute Sale?

1. Schedule 1 - Property Description: Detailed legal description of the property including lot number, registration particulars

2. Schedule 2 - Title Documents: List of title documents to be delivered on completion

3. Schedule 3 - Inventory: Detailed list of fixtures, fittings, and furniture included in the sale

4. Schedule 4 - Existing Encumbrances: Details of any existing encumbrances affecting the property

5. Appendix A - Property Plans: Floor plans and location maps of the property

6. Appendix B - Completion Requirements: Checklist of documents required for completion

7. Appendix C - Property Photographs: Photographs documenting the condition of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Property Development

Legal Services

Banking and Finance

Property Management

Construction

Real Estate Investment

Property Consulting

Facilities Management

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Operations

Risk Management

Administrative Services

Investment

Document Management

Property Development

Facilities Management

Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Legal Counsel

Conveyancing Manager

Property Developer

Real Estate Investment Manager

Compliance Officer

Title Officer

Real Estate Transaction Coordinator

Property Acquisition Manager

Legal Administrative Officer

Real Estate Portfolio Manager

Property Rights Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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