Provisional Agreement for Hong Kong

Provisional Agreement Template for Hong Kong

A Provisional Agreement, governed by Hong Kong law, is a legally binding preliminary contract used in real estate transactions that establishes the essential terms and conditions of a property sale. This document serves as the first formal step in the property transfer process, outlining key details such as property particulars, purchase price, payment schedule, and completion arrangements. While preliminary in nature, it creates binding obligations on both parties and typically requires the payment of an initial deposit. The document must comply with Hong Kong's legal requirements, including the Estate Agents Ordinance and Conveyancing and Property Ordinance.

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What is a Provisional Agreement?

The Provisional Agreement is a crucial document in Hong Kong's real estate transaction process, serving as the initial binding contract between property vendors and purchasers. It is typically prepared following successful price negotiations and precedes the formal Sale and Purchase Agreement. This document captures essential transaction details including property particulars, price, payment terms, completion date, and any special conditions. While provisional in nature, it creates legally binding obligations and usually requires the purchaser to pay an initial deposit (typically 3-5% of the purchase price). The document must comply with Hong Kong legal requirements and market practices, particularly those set out in the Estate Agents Ordinance and Conveyancing and Property Ordinance. It forms the basis for solicitors to prepare the subsequent formal Sale and Purchase Agreement.

What sections should be included in a Provisional Agreement?

1. Parties: Identification of the Vendor and Purchaser with their full names, ID/passport numbers, and addresses

2. Background: Brief context of the transaction and confirmation that the Vendor is the legal owner of the property

3. Definitions: Key terms used in the agreement including 'Property', 'Purchase Price', 'Initial Deposit', 'Further Deposit', and 'Completion Date'

4. Property Details: Detailed description of the property including address, floor area, parking spaces if any, and registration particulars

5. Purchase Price and Payment Terms: Total consideration and payment schedule including deposits and completion payment

6. Completion: Completion date, time, and location, and obligations of parties upon completion

7. Property Inspection: Confirmation that the Purchaser has inspected the property and accepts its condition

8. Representations and Warranties: Basic warranties regarding property ownership and Vendor's authority to sell

9. Stamp Duty: Obligations regarding payment of various stamp duties (AVD, BSD, SSD if applicable)

10. Default Provisions: Consequences of default by either party and forfeiture/compensation terms

What sections are optional to include in a Provisional Agreement?

1. Existing Tenancy: Required when the property is sold subject to an existing tenancy, detailing tenant rights and rental terms

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

3. Car Park: Required when the sale includes parking space(s), specifying details and terms

4. Furniture and Fittings: Required when the sale includes specific furniture or fittings, listing included items

5. Special Conditions: Required for any special arrangements or conditions specific to the transaction

6. Agency Provisions: Required when property agents are involved, detailing commission arrangements

What schedules should be included in a Provisional Agreement?

1. Schedule 1 - Property Details: Detailed property information including lot number, floor plan reference, and exact measurements

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment installments and due dates

3. Schedule 3 - Included Items: List of furniture, fittings, and other items included in the sale (if applicable)

4. Appendix A - Property Floor Plan: Copy of the floor plan showing property boundaries and dimensions

5. Appendix B - Recent Land Search: Copy of recent land search results showing current ownership and encumbrances

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

Cost

Free to use
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Property Development

Property Management

Construction

Real Estate Investment

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Commercial

Risk Management

Operations

Investment

Finance

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Solicitor

Property Manager

Real Estate Director

Legal Counsel

Compliance Officer

Real Estate Investment Manager

Property Development Manager

Banking Officer

Mortgage Specialist

Real Estate Partner

Property Consultant

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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