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Residential Lease Agreement With Option To Purchase for Hong Kong

Residential Lease Agreement With Option To Purchase Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that combines a residential tenancy agreement with an option to purchase the property. This dual-purpose agreement establishes the terms and conditions for both the lease period and the potential future purchase of the residential property. It includes detailed provisions for rental payments, maintenance responsibilities, and property management under Hong Kong's Landlord and Tenant (Consolidation) Ordinance, while also specifying the terms, conditions, and procedures for exercising the purchase option, including pricing mechanisms and completion requirements in accordance with Hong Kong's Conveyancing and Property Ordinance.

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What is a Residential Lease Agreement With Option To Purchase?

The Residential Lease Agreement With Option to Purchase is a specialized legal instrument used in Hong Kong's real estate market when a property owner wishes to lease their residential property while giving the tenant the exclusive right to purchase it under pre-agreed terms. This document is particularly useful in situations where potential buyers want to 'try before they buy' or need time to arrange financing while securing their interest in the property. The agreement must comply with Hong Kong's property and tenancy laws, including the Landlord and Tenant (Consolidation) Ordinance and the Conveyancing and Property Ordinance. It typically includes comprehensive terms covering both the lease period (rent, maintenance, utilities) and the purchase option (price, exercise period, completion requirements), making it more complex than standard residential tenancy agreements.

What sections should be included in a Residential Lease Agreement With Option To Purchase?

1. Parties: Identification of the landlord/seller and tenant/potential buyer, including full legal names, identification numbers, and contact details

2. Background: Context of the agreement, including brief property description and parties' intention for lease with purchase option

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Term', 'Option Period', 'Purchase Price', etc.

4. Property Details: Comprehensive description of the property, including address, floor area, and included fixtures/fittings

5. Lease Terms: Core rental terms including duration, rent amount, payment schedule, and security deposit

6. Option to Purchase: Terms of the purchase option, including option fee, exercise period, and agreed purchase price or pricing mechanism

7. Tenant's Covenants: Tenant's obligations regarding property use, maintenance, repairs, and conduct

8. Landlord's Covenants: Landlord's obligations regarding property maintenance, repairs, and services

9. Exercise of Option: Procedure for exercising the purchase option, including notice requirements and completion timeline

10. Property Condition: State of the property at lease commencement and requirements for maintaining condition

11. Insurance: Insurance requirements for both parties during the lease term

12. Termination: Circumstances and procedures for early termination of the lease

13. Assignment and Subletting: Restrictions on assigning or subletting the property

14. Notices: Requirements for giving valid notices under the agreement

15. Governing Law: Confirmation of Hong Kong law governance and jurisdiction

16. Execution: Signature blocks and execution requirements

What sections are optional to include in a Residential Lease Agreement With Option To Purchase?

1. Special Conditions: Additional terms specific to the property or parties' requirements

2. Property Management: Required for properties in managed buildings, covering management fees and regulations

3. Renovation Terms: Include when specific renovation rights or restrictions need to be addressed

4. Car Parking: Required when parking spaces are included in the lease/purchase

5. Stamp Duty Arrangements: Include when parties agree to specific arrangements for stamp duty payment

6. Mortgage Conditions: Include when the purchase option is subject to mortgage approval

7. Property Agent Commission: Required when property agents are involved in the transaction

8. Green Home Features: Include for properties with specific environmental or energy-saving features

9. Pet Clauses: Include when pets are allowed or specific pet restrictions apply

What schedules should be included in a Residential Lease Agreement With Option To Purchase?

1. Schedule 1 - Property Inventory: Detailed list of fixtures, fittings, and furniture included in the lease

2. Schedule 2 - Property Plan: Floor plan and property boundaries

3. Schedule 3 - Condition Report: Detailed report of property condition at lease commencement

4. Schedule 4 - Purchase Price Calculation: Formula or mechanism for determining final purchase price if not fixed

5. Schedule 5 - House Rules: Building management rules and regulations

6. Appendix A - Option Exercise Form: Template form for exercising the purchase option

7. Appendix B - Handover Form: Template for property handover at lease commencement and termination

8. Appendix C - Maintenance Schedule: Schedule of regular maintenance responsibilities

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use

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