The Purchase Sale Agreement Commercial (Real Estate) is a crucial legal document used in Hong Kong for commercial property transactions. It is essential for businesses acquiring or disposing of commercial real estate assets, including office buildings, retail spaces, industrial properties, and mixed-use developments. The agreement must comply with Hong Kong's property laws and regulations, particularly the Conveyancing and Property Ordinance (Cap. 219) and the Land Registration Ordinance (Cap. 128). This document includes comprehensive provisions covering property details, transaction structure, due diligence requirements, warranties, and completion mechanics. It is designed to protect both parties' interests while ensuring compliance with local regulatory requirements, including stamp duty obligations and registration procedures. The agreement is particularly important in Hong Kong's dynamic commercial property market, where transactions often involve substantial values and complex commercial arrangements.
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1. Parties: Identification of buyer and seller with full legal names and registration details
2. Background: Recitals explaining the context of the sale and basic transaction structure
3. Definitions and Interpretation: Defined terms and interpretation rules for the agreement
4. Sale and Purchase: Core transaction terms including property description and purchase price
5. Purchase Price and Payment Terms: Detailed payment structure, deposit arrangements, and completion payment
6. Conditions Precedent: Prerequisites that must be satisfied before completion
7. Due Diligence: Buyer's investigation rights and seller's disclosure obligations
8. Pre-Completion Obligations: Parties' obligations between exchange and completion
9. Completion: Completion mechanics, timing, and deliverables
10. Post-Completion Matters: Registration requirements and post-completion adjustments
11. Representations and Warranties: Seller's warranties about the property and business
12. Title and Property Matters: Title guarantees and property-specific warranties
13. Risk and Insurance: Risk allocation and insurance requirements
14. Default and Termination: Consequences of breach and termination rights
15. Stamp Duty: Stamp duty obligations and allocation between parties
16. Notices: Communication procedures between parties
17. General Provisions: Standard boilerplate clauses including governing law
1. Existing Tenancies: Required when property is sold subject to existing leases
2. Environmental Matters: Required for industrial properties or where environmental concerns exist
3. Planning and Development: Required when property has development potential or pending applications
4. Employee Matters: Required when property sale includes transfer of employees
5. Tax Structure: Required for complex commercial structures or special tax arrangements
6. Intellectual Property: Required when property includes business names or branded elements
7. Asset List: Required when sale includes furniture, fixtures, or equipment
8. Management Obligations: Required for properties in multi-tenant buildings
1. Property Description: Detailed legal description and plans of the property
2. Title Documents: List of relevant title documents and encumbrances
3. Existing Tenancies Schedule: Details of all existing leases and tenancy arrangements
4. Completion Deliverables: List of documents and items to be delivered at completion
5. Form of Transfer Deed: Prescribed form for property transfer in Hong Kong
6. Property Inventory: List of included fixtures, fittings, and equipment
7. Outstanding Orders: List of governmental or statutory orders affecting the property
8. Environmental Reports: Summary of environmental assessments and reports
9. Service Contracts: Details of ongoing service contracts to be transferred
10. Property Management: Building management and maintenance details
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Retail
Industrial
Office Space
Hospitality
Healthcare
Education
Logistics
Banking and Finance
Manufacturing
Technology
Relevant Teams
Legal
Real Estate
Finance
Operations
Compliance
Risk Management
Corporate Development
Investment
Property Management
Facilities Management
Corporate Services
Business Development
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Real Estate Director
Property Manager
Legal Counsel
Commercial Director
Development Manager
Investment Manager
Facilities Manager
Asset Manager
Risk Manager
Compliance Officer
Finance Director
Operations Director
Corporate Services Manager
Transaction Manager
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