The Deed of Sale With Special Power of Attorney is a specialized legal instrument used in Hong Kong property transactions where one party needs to delegate authority for property-related matters alongside the sale transaction. This document is particularly useful in situations where a party may be unavailable for future actions related to the property transfer, requires representation for multiple transactions, or needs to authorize specific actions during the sale process. The document must comply with Hong Kong's legal framework, particularly the Conveyancing and Property Ordinance and Powers of Attorney Ordinance. It includes detailed property descriptions, sale terms, and specific powers granted to the attorney, with proper execution requirements including witnessing and registration at the Land Registry where necessary.
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1. Parties: Identification of the Vendor/Grantor and Purchaser/Grantee with their full legal names and addresses
2. Background: Recitals explaining the context of the sale and the need for the special power of attorney
3. Definitions: Definitions of key terms used throughout the deed
4. Property Details: Detailed description of the property being sold, including lot number, address, and registered particulars
5. Sale Provisions: Terms of the sale including purchase price, payment terms, and completion details
6. Representations and Warranties: Vendor's representations regarding title, encumbrances, and condition of the property
7. Special Power of Attorney: Grant of power of attorney, specifying the powers being conferred and their scope
8. Duration and Irrevocability: Terms regarding the duration of the power of attorney and its irrevocable nature
9. Execution Requirements: Specific requirements for proper execution of the deed including witnessing requirements
10. Governing Law: Specification of Hong Kong law as the governing law
1. Conditions Precedent: Optional section for any conditions that must be satisfied before completion, used when there are specific prerequisites to the sale
2. Tax Provisions: Detailed provisions about stamp duty and other tax obligations, included when specific tax arrangements need to be documented
3. Additional Powers: Extra powers granted under the SPA beyond standard property transfer powers, used when additional authority is required
4. Limitation of Attorney's Liability: Provisions protecting the attorney when acting under the power, included when requested by the attorney
5. Successor Appointment: Provisions for appointing substitute or successor attorneys, used when continuity of authority is crucial
1. Property Schedule: Detailed property description including boundaries, fixtures, and fittings
2. Title Documents: List of relevant title documents and their particulars
3. Powers Schedule: Detailed list of specific powers granted under the Special Power of Attorney
4. Payment Schedule: Breakdown of payment terms and installments if applicable
5. Form of Notice: Template for notices required under the deed
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