The Partial Payment Agreement For House And Lot is a crucial document in Hong Kong real estate transactions where buyers opt for installment-based property purchases. This agreement is particularly relevant in situations where traditional mortgage financing isn't utilized or when parties agree to a structured payment plan outside standard financing arrangements. It must comply with Hong Kong's Conveyancing and Property Ordinance, Land Registration Ordinance, and relevant stamp duty requirements. The document typically includes comprehensive details about the property, payment structure, ownership transfer conditions, and default remedies, ensuring both parties' interests are protected throughout the extended payment period. It's commonly used in both residential and commercial property transactions where staged payments are preferred or required.
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1. Parties: Identification of the seller and buyer, including full legal names, addresses, and identification/registration numbers
2. Background: Context of the transaction, including brief property description and intention to enter into a partial payment arrangement
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Purchase Price', 'Deposit', 'Installments', etc.
4. Property Details: Comprehensive description of the property, including lot number, address, and registered details
5. Purchase Price: Total purchase price and breakdown of payment components
6. Payment Terms: Detailed structure of partial payments, including amounts, due dates, and payment methods
7. Default and Remedies: Consequences of payment default and available remedies for both parties
8. Transfer of Title: Conditions and timing for the transfer of property ownership
9. Representations and Warranties: Standard declarations by both parties regarding their capacity and property condition
10. Completion Requirements: Conditions and procedures for completing the transaction
11. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
12. Execution: Signature blocks and execution requirements
1. Mortgage Arrangements: Include when buyer is obtaining mortgage financing for partial payments
2. Property Management: Include when there are specific arrangements for property management during the payment period
3. Insurance Requirements: Include when specific insurance arrangements are required during the payment period
4. Early Payment Provisions: Include when early payment options or discounts are offered
5. Third Party Rights: Include when there are relevant third party interests or rights
6. Force Majeure: Include when parties want specific provisions for unforeseen circumstances
7. Assignment Rights: Include when transfer of rights under the agreement needs to be addressed
1. Schedule 1 - Property Description: Detailed property specifications, including floor plans and boundaries
2. Schedule 2 - Payment Schedule: Detailed breakdown of payment installments, dates, and amounts
3. Schedule 3 - Property Condition Report: Current condition of the property and any existing defects
4. Schedule 4 - Required Documents: List of documents required for completion
5. Appendix A - Property Title Documents: Copies of relevant title documents and land registry records
6. Appendix B - Property Photographs: Current photographs of the property and its features
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