The Letter of Intent (LOI) for Real Estate transactions is a crucial preliminary document in Hong Kong's property market. It serves as a stepping stone between initial discussions and the final binding agreement, setting out the key commercial terms and conditions that parties intend to include in their final contract. While a Real Estate LOI is generally non-binding, it often contains certain binding provisions such as confidentiality, exclusivity, and governing law clauses. The document is commonly used in both commercial and residential property transactions, reflecting Hong Kong's unique property laws and market practices. It typically precedes more detailed agreements and helps parties establish clear expectations while allowing for due diligence and further negotiations. The LOI should comply with Hong Kong's property regulations, including considerations for stamp duty and registration requirements where applicable.
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1. Heading and Date: Document title as 'Letter of Intent' or 'Non-Binding Letter of Intent', date of the letter
2. Parties: Full names and addresses of sender and recipient (potential buyer/tenant and seller/landlord)
3. Property Details: Precise description of the property including address, lot number, and registered details
4. Transaction Structure: Whether sale/purchase or lease, proposed transaction structure
5. Commercial Terms: Key terms including price/rent, payment terms, deposit requirements
6. Timeline: Proposed timeline for due diligence, negotiations, and completion
7. Due Diligence: Scope of due diligence and information requirements
8. Non-Binding Nature: Clear statement that the LOI is non-binding except for specified clauses
9. Binding Provisions: List of provisions that are intended to be binding (typically confidentiality, exclusivity, and governing law)
10. Execution: Signature blocks for both parties
1. Exclusivity Period: Used when seller/landlord agrees not to negotiate with other parties for a specified period
2. Break Fee: Include when parties agree to a fee payable if either party withdraws from negotiations
3. Conditions Precedent: Used for complex transactions where certain conditions must be met before proceeding
4. Broker/Agent Details: Include when real estate agents or brokers are involved in the transaction
5. Financial Capability: Used when proof of funds or financing arrangements need to be addressed
6. Property Use/Restrictions: Include for properties with specific use restrictions or requirements
7. Existing Tenancies: Used when property is subject to existing tenancies that need to be addressed
8. Transaction Costs: Include when parties want to specify responsibility for costs and expenses
1. Property Details Schedule: Detailed description of the property including floor plans and specifications
2. Commercial Terms Schedule: Detailed breakdown of price/rent, payment terms, and other financial considerations
3. Due Diligence Checklist: List of required documents and information for due diligence
4. Timeline Schedule: Detailed timeline with key milestones and deadlines
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