The Property Purchase Agreement is a fundamental legal document used in Hong Kong real estate transactions to formalize the sale and purchase of property. It is essential for any property transfer in Hong Kong, whether residential, commercial, or industrial. The agreement must comply with Hong Kong's legal framework, particularly the Conveyancing and Property Ordinance (Cap. 219) and related legislation. It includes critical information such as property details, purchase price, payment terms, completion requirements, warranties, and specific Hong Kong requirements like stamp duty declarations. This document is typically prepared after preliminary terms are agreed upon in a Provisional Agreement for Sale and Purchase, and it serves as the definitive agreement governing the transaction until completion. The agreement protects both parties' interests and ensures a clear understanding of their rights and obligations throughout the property transfer process.
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1. Parties: Identification of the Vendor and Purchaser with full legal names and addresses
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core agreement for the sale and purchase of the property, including purchase price
5. Deposit: Terms regarding the initial deposit, its payment and holding
6. Purchase Price and Payment Terms: Detailed breakdown of the purchase price, payment schedule, and method of payment
7. Completion: Completion date, requirements, and procedures
8. Property Title and Ownership: Vendor's warranties regarding clean title and ownership rights
9. Conditions of Property: State and condition of the property, fixtures, and fittings
10. Stamp Duty: Declarations and obligations regarding stamp duty payment
11. Representations and Warranties: Standard warranties from both parties
12. Default and Termination: Consequences of default and termination rights
13. Costs and Expenses: Allocation of legal costs and other expenses
14. Notices: Process for serving notices between parties
15. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction
1. Mortgage and Financing: Include when purchaser requires mortgage financing, detailing conditions and requirements
2. Tenancy Matters: Include when property is sold subject to existing tenancy
3. Building Management: Include for properties in multi-unit buildings, addressing management fees and obligations
4. Car Parking Space: Include when sale includes parking space
5. Pre-existing Alterations: Include when property has undergone alterations requiring specific warranties
6. Agent Commission: Include when property agents are involved in the transaction
7. Special Conditions: Include for any unique requirements or conditions specific to the transaction
1. Schedule 1 - Property Details: Detailed description of the property including lot number, address, and registered details
2. Schedule 2 - Purchase Price Breakdown: Itemized breakdown of the purchase price and payment schedule
3. Schedule 3 - Fixtures, Fittings and Chattels: List of items included and excluded from the sale
4. Schedule 4 - Form of Assignment: Template or requirements for the assignment deed
5. Schedule 5 - Completion Requirements: Detailed list of documents required for completion
6. Appendix A - Property Plans: Floor plans and property boundaries
7. Appendix B - Title Documents: Copies of relevant title documents and land search
8. Appendix C - Existing Tenancy Agreement: If applicable, copy of current tenancy agreement
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