Provisional Agreement For Sale And Purchase for Hong Kong

Provisional Agreement For Sale And Purchase Template for Hong Kong

A Provisional Agreement for Sale and Purchase is a legally binding document used in Hong Kong real estate transactions that establishes the initial terms and conditions for the sale and purchase of property. This document, governed by Hong Kong law, serves as a preliminary contract that outlines the essential elements of the transaction including property details, purchase price, payment terms, and completion arrangements. It creates legal obligations for both parties and typically requires the payment of an initial deposit, while also setting the framework for the subsequent formal Sale and Purchase Agreement.

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What is a Provisional Agreement For Sale And Purchase?

The Provisional Agreement For Sale And Purchase (PASP) is a fundamental document in Hong Kong property transactions, serving as the first formal step in the property transfer process. This document is typically used immediately after a verbal agreement is reached between the vendor and purchaser, and before the formal Sale and Purchase Agreement is prepared by solicitors. The PASP includes essential information such as party details, property specifications, purchase price, payment schedule, completion date, and other key terms. While provisional in nature, it is legally binding under Hong Kong law and usually requires the purchaser to pay an initial deposit (typically 3-5% of the purchase price). The document provides protection for both parties and sets out the timeline for the subsequent steps in the transaction, including the signing of the formal agreement and completion. It must comply with various Hong Kong ordinances, including the Conveyancing and Property Ordinance and the Stamp Duty Ordinance.

What sections should be included in a Provisional Agreement For Sale And Purchase?

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

2. Background: Brief context of the transaction and property ownership status

3. Definitions: Key terms used throughout the agreement including Property, Completion Date, Purchase Price, and other relevant terms

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

5. Purchase Price: Agreed purchase price and payment schedule including initial deposit, further deposit, and balance payment

6. Payment Terms: Detailed breakdown of payment schedule, payment methods, and banking details

7. Completion: Completion date, time, and location, including provisions for delayed completion

8. Property Inspection: Confirmation of property inspection by purchaser and current condition acceptance

9. Vendor's Obligations: Responsibilities of the vendor including delivery of vacant possession and documentation

10. Purchaser's Obligations: Responsibilities of the purchaser including payment and documentation requirements

11. Stamp Duty: Provisions regarding payment of stamp duty and other applicable taxes

12. Default Provisions: Consequences of default by either party

13. Formal Sale and Purchase Agreement: Provisions regarding the preparation and execution of the formal agreement

14. Governing Law: Confirmation of Hong Kong law as governing law

15. Execution: Signature blocks for all parties and witnesses

What sections are optional to include in a Provisional Agreement For Sale And Purchase?

1. Existing Tenancy: Details of any existing tenancy agreement if the property is currently leased

2. Mortgage Status: Details of existing mortgage if the property is mortgaged, to be included when relevant

3. Car Parking Space: Details of any included parking space when applicable

4. Furniture and Fittings: List of included furniture and fittings when being sold furnished

5. Estate Agent Commission: Commission details when a property agent is involved

6. Special Conditions: Any special conditions specific to the transaction

7. Building Management: Details of building management fees and special fund contributions if applicable

8. Warranties: Additional warranties for new properties or specific features

What schedules should be included in a Provisional Agreement For Sale And Purchase?

1. Schedule 1 - Property Details: Detailed property information including floor plan and dimensions

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

3. Schedule 3 - Inventory List: List of furniture and fittings included in the sale if applicable

4. Schedule 4 - Existing Defects: List of known defects or damage to the property if any

5. Appendix A - Floor Plan: Copy of the property floor plan

6. Appendix B - Land Search: Recent land search document showing title details

7. Appendix C - Identification Documents: Copies of parties' identification documents

8. Appendix D - Estate Agency Agreement: Copy of estate agency agreement if applicable

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

Employment Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Property Development

Property Management

Investment

Professional Services

Construction

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Sales

Operations

Finance

Investment

Business Development

Risk Management

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Solicitor

Property Manager

Real Estate Director

Legal Counsel

Property Development Manager

Investment Manager

Bank Manager

Mortgage Specialist

Compliance Officer

Real Estate Broker

Property Consultant

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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