Private House Sale Contract for Hong Kong

Private House Sale Contract Template for Hong Kong

A comprehensive legal agreement governed by Hong Kong law that facilitates the private sale and purchase of residential property between individuals or entities. This document encompasses all essential elements required under Hong Kong's Conveyancing and Property Ordinance, including property details, purchase price, payment terms, completion requirements, and title transfer provisions. It incorporates specific Hong Kong property transaction requirements such as stamp duty considerations and local conveyancing practices, while providing clear obligations and rights for both parties throughout the transaction process.

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What is a Private House Sale Contract?

The Private House Sale Contract is a fundamental legal document used in Hong Kong residential property transactions between private parties. It serves as the primary agreement governing the sale and purchase of residential properties, incorporating requirements under Hong Kong's property law framework, particularly the Conveyancing and Property Ordinance (Cap. 219). This document is essential when conducting private residential property sales without using standardized forms from real estate developers or government bodies. It includes comprehensive provisions covering property details, payment terms, warranties, completion requirements, and specific Hong Kong considerations such as stamp duty obligations. The contract ensures compliance with local property laws while protecting both parties' interests throughout the transaction process.

What sections should be included in a Private House Sale Contract?

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

2. Background: Brief context of the transaction and confirmation of seller's ownership

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

4. Property Details: Full legal description of the property including lot number, address, and registered details

5. Purchase Price: The agreed purchase price and payment terms including deposits and completion payment

6. Completion: Date, time, and location of completion, and requirements for transfer of title

7. Title and Transfer: Seller's warranties regarding good title and process for title transfer

8. Vacant Possession: Commitment to deliver the property with vacant possession on completion

9. Condition of Property: State of the property at completion and any included/excluded fixtures and fittings

10. Pre-completion Obligations: Responsibilities of both parties before completion, including maintenance of the property

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

12. Costs and Stamp Duty: Allocation of transaction costs and stamp duty responsibilities

13. Notices: How formal notices under the agreement should be given and received

14. Governing Law: Confirmation that Hong Kong law governs the agreement

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Private House Sale Contract?

1. Mortgage Status: Required if the property has an existing mortgage that needs to be discharged

2. Tenancy Details: Required if the property is currently tenanted or if existing tenancies will continue

3. Property Management: Required for properties in managed buildings or estates

4. Car Parking Space: Required if a parking space is included in the sale

5. Renovation Works: Required if there are ongoing or planned renovation works

6. Agent Commission: Required if property agents are involved in the transaction

7. Special Conditions: For any unique requirements or conditions specific to the transaction

8. Due Diligence Results: Required if specific findings from due diligence need to be addressed

What schedules should be included in a Private House Sale Contract?

1. Schedule 1 - Property Details: Detailed property information including floor plans and boundary plans

2. Schedule 2 - Fixtures and Fittings: Inventory of items included in and excluded from the sale

3. Schedule 3 - Form of Assignment: Template or agreed form of the assignment deed

4. Schedule 4 - Payment Schedule: Detailed breakdown of payment terms and installments if applicable

5. Schedule 5 - Property Certificates: List of certificates and documentation to be provided on completion

6. Appendix A - Property Photos: Photographs documenting the current condition of the property

7. Appendix B - Building Management Documents: Relevant building management rules and regulations

8. Appendix C - Property Title Documents: Copies of relevant title documents and land search results

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

Invoice Form

Sector

Sales

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Residential Property

Legal Services

Banking & Finance

Property Management

Construction

Insurance

Relevant Teams

Legal

Real Estate

Conveyancing

Property Management

Compliance

Risk Management

Documentation

Property Operations

Sales

Contract Administration

Relevant Roles

Real Estate Lawyer

Property Conveyancer

Real Estate Agent

Property Manager

Mortgage Banker

Legal Counsel

Contract Manager

Property Transaction Officer

Title Officer

Compliance Officer

Real Estate Partner

Property Investment Manager

Real Estate Transaction Manager

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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