Simple Real Estate Contract for Hong Kong

Simple Real Estate Contract Template for Hong Kong

A Simple Real Estate Contract governed by Hong Kong law is a legally binding agreement used for the sale and purchase of real property in the Hong Kong Special Administrative Region. This document outlines the essential terms and conditions of the property transaction, including property details, purchase price, payment terms, completion arrangements, and the obligations of both parties. It incorporates relevant requirements from Hong Kong's property laws and regulations, particularly the Conveyancing and Property Ordinance (Cap. 219) and ensures compliance with local stamp duty and registration requirements.

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What is a Simple Real Estate Contract?

The Simple Real Estate Contract is a fundamental legal document used in Hong Kong for property transactions between buyers and sellers. This contract type is essential for both residential and commercial property transfers in the Hong Kong Special Administrative Region, providing a clear framework for standard property sales. The document incorporates all necessary elements required by Hong Kong law, including provisions for property transfer, payment terms, and completion arrangements. It is designed to be comprehensive yet straightforward, suitable for typical property transactions while ensuring compliance with the Conveyancing and Property Ordinance and related legislation. The contract serves as the primary document establishing the rights and obligations of both parties in the property transaction, making it essential for real estate professionals, legal practitioners, and individuals engaged in property dealings in Hong Kong.

What sections should be included in a Simple Real Estate Contract?

1. Parties: Identification and details of the vendor and purchaser, including full legal names, identification numbers, and registered addresses

2. Background: Brief context of the transaction and purpose of the agreement

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

4. Property Details: Comprehensive description of the property including address, lot number, and registered particulars

5. Purchase Price: Agreed purchase price and payment terms, including deposit arrangements

6. Completion: Completion date, time, and location details, including mechanisms for extension if necessary

7. Title and Transfer: Vendor's warranties regarding title and provisions for transfer of ownership

8. Vacant Possession: Obligations regarding delivery of vacant possession upon completion

9. Conditions Precedent: Any conditions that must be satisfied before completion

10. Default Provisions: Consequences of default by either party

11. Stamp Duty: Responsibilities for payment of stamp duty and other transaction costs

12. Governing Law: Confirmation of Hong Kong law as governing law and jurisdiction

13. Execution: Signature blocks and execution formalities

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

1. Existing Tenancies: Required when the property is sold subject to existing tenancies, detailing tenant rights and obligations

2. Mortgage Status: Required when the property is currently mortgaged, including discharge arrangements

3. Car Parking Space: Required when the sale includes a parking space, detailing its specifics

4. Fixtures and Fittings: Required when specific inclusions or exclusions of fixtures need to be detailed

5. Property Management: Required for properties in managed buildings, detailing management fee arrangements

6. Agent Commission: Required when real estate agents are involved, detailing commission arrangements

7. Representations and Warranties: Additional specific warranties beyond standard title warranties

8. Building Orders: Required when there are outstanding building orders or notices

What schedules should be included in a Simple Real Estate Contract?

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

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

3. Schedule 3 - Included Fixtures and Fittings: Inventory of fixtures and fittings included in the sale

4. Schedule 4 - Existing Tenancy Details: Details of any existing tenancy agreements if applicable

5. Schedule 5 - Property Inspection Report: Results of property inspection if conducted

6. Appendix A - Property Floor Plan: Official floor plan of the property

7. Appendix B - Land Search Documents: Recent land search results showing title details

8. Appendix C - Photographs: Photographs of the property and any specific features or defects

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 Management

Construction

Property Development

Professional Services

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Corporate Services

Risk Management

Commercial

Facilities

Operations

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Solicitor

Property Manager

Real Estate Developer

Bank Manager

Mortgage Advisor

Legal Counsel

Property Consultant

Real Estate Broker

Compliance Officer

Title Officer

Property Valuer

Real Estate Investment 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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