The Forward Purchase Agreement (Real Estate) is a sophisticated legal instrument commonly used in Hong Kong's property development sector for pre-sale arrangements of properties under construction. This document type emerged from the need to facilitate property sales before completion while protecting the interests of both developers and purchasers. It is particularly relevant in Hong Kong's dynamic real estate market, where pre-sale of properties is common practice. The agreement typically includes detailed provisions for payment scheduling, construction specifications, completion requirements, and quality assurance measures, all aligned with Hong Kong's regulatory framework. It serves as a crucial tool for property developers to secure early sales and funding, while providing purchasers with legal certainty and protection for their investment in future properties. The document must comply with various Hong Kong ordinances, including the Residential Properties (First-hand Sales) Ordinance and the Conveyancing and Property Ordinance.

1. Parties: Identification of the seller/developer and purchaser with full legal names and addresses

2. Background: Context of the transaction, including brief description of the development project and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Sale and Purchase Agreement: Core agreement to sell and purchase the property upon completion of construction

5. Purchase Price and Payment Terms: Detailed breakdown of the purchase price, deposit requirements, and payment schedule

6. Conditions Precedent: Conditions that must be satisfied before the agreement becomes fully effective

7. Construction and Development Obligations: Developer's obligations regarding construction, specifications, and timeline

8. Completion Requirements: Procedures and requirements for completion of the sale

9. Title and Property Rights: Provisions regarding title, ownership, and transfer of rights

10. Representations and Warranties: Key statements and promises made by both parties

11. Default and Remedies: Consequences of default by either party and available remedies

12. Force Majeure: Provisions dealing with unforeseen circumstances affecting performance

13. Termination: Circumstances under which the agreement can be terminated and consequences

14. Notices: Process for giving formal notices under the agreement

15. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction

16. General Provisions: Standard boilerplate clauses including entire agreement, amendments, etc.