Real Estate Contract Assignment Form for Hong Kong

Real Estate Contract Assignment Form Template for Hong Kong

A Real Estate Contract Assignment Form is a legally binding document used in Hong Kong for transferring property ownership rights from one party (the Assignor) to another (the Assignee). This document, governed by Hong Kong property law including the Conveyancing and Property Ordinance, facilitates the legal transfer of real estate ownership while ensuring compliance with local regulations, stamp duty requirements, and registration procedures. It contains detailed property descriptions, consideration amounts, warranties, and completion arrangements, serving as the primary instrument for property transfers in Hong Kong's real estate transactions.

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What is a Real Estate Contract Assignment Form?

The Real Estate Contract Assignment Form is a crucial document in Hong Kong's property market, used when transferring ownership rights of real estate from one party to another. This document is essential in both residential and commercial property transactions, requiring compliance with Hong Kong's property laws, particularly the Conveyancing and Property Ordinance and Stamp Duty Ordinance. It serves as the primary instrument for documenting the terms and conditions of the property transfer, including property details, purchase price, payment terms, and completion arrangements. The form must be properly executed and registered with the Hong Kong Land Registry to ensure legal validity and protect the interests of all parties involved. It's particularly important in Hong Kong's dynamic real estate market, where property assignments are frequent and require strict adherence to local legal requirements.

What sections should be included in a Real Estate Contract Assignment Form?

1. Parties: Details of the Assignor (current owner/seller) and Assignee (buyer), including full legal names, addresses, and identification numbers

2. Background: Brief history of the property ownership, reference to the original purchase agreement, and reason for assignment

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

4. Property Details: Full legal description of the property being assigned, including lot number, floor area, and registered address

5. Consideration: Purchase price and payment terms, including initial deposits and balance payment structure

6. Assignment: Core clause transferring all rights, titles, and interests in the property from Assignor to Assignee

7. Completion: Details of completion date, time, and place, including procedures for handover

8. Assignor's Representations and Warranties: Statements regarding property ownership, absence of encumbrances, and authority to sell

9. Stamp Duty Declaration: Statement regarding stamp duty obligations and responsible parties

10. Costs and Expenses: Allocation of legal costs, stamp duty, and other expenses between parties

11. Execution: Signature blocks and execution formalities

What sections are optional to include in a Real Estate Contract Assignment Form?

1. Mortgage Details: Include when the property is subject to an existing mortgage that needs to be discharged

2. Special Conditions: For any unique terms specific to this assignment, such as furniture inclusion or renovation agreements

3. Property Management: Include when there are specific management fee arrangements or outstanding charges to be addressed

4. Vacant Possession: Include when specific arrangements for vacancy and possession need to be detailed

5. Tenancy Details: Include when the property is subject to existing tenancy agreements

6. Agent Commission: Include when property agents are involved and commission arrangements need to be documented

What schedules should be included in a Real Estate Contract Assignment Form?

1. Schedule 1 - Property Details: Detailed property description, including floor plans and building specifications

2. Schedule 2 - Inventory List: List of fixtures, fittings, and furniture included in the assignment (if applicable)

3. Schedule 3 - Title Documents: List of all relevant title documents and their locations

4. Appendix A - Property Ownership Documents: Copies of relevant ownership documents and government lease

5. Appendix B - Floor Plan: Certified floor plan of the property

6. Appendix C - Due Diligence Documents: Relevant search results, management corporation certificates, and other due diligence documents

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 legal definitions
Relevant Industries

Real Estate

Property Development

Banking and Financial Services

Legal Services

Property Management

Construction

Property Investment

Real Estate Investment Trusts (REITs)

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Risk Management

Operations

Investment

Administration

Document Control

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Conveyancing Officer

Legal Counsel

Property Developer

Mortgage Specialist

Title Officer

Real Estate Investment Manager

Compliance Officer

Real Estate Transaction Coordinator

Property Administrator

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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