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Simple Agreement Of Sale (Real Estate) for Hong Kong

Simple Agreement Of Sale (Real Estate) Template for Hong Kong

A Simple Agreement of Sale (Real Estate) under Hong Kong law is a legally binding document that facilitates the transfer of real property from a vendor to a purchaser. This agreement outlines the essential terms of the property sale, including the purchase price, payment terms, completion date, and property details. Governed by Hong Kong's Conveyancing and Property Ordinance, this document ensures compliance with local property law requirements while providing a clear framework for the transaction. It includes necessary warranties about property title, condition, and vacant possession, along with mechanisms for completion and default remedies.

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What is a Simple Agreement Of Sale (Real Estate)?

The Simple Agreement of Sale (Real Estate) is a fundamental document in Hong Kong property transactions, used when transferring ownership of real estate from one party to another. This agreement is particularly suited for straightforward property transactions where standard terms and conditions apply, without complex commercial arrangements or unusual conditions. It complies with Hong Kong's property law framework, particularly the Conveyancing and Property Ordinance (Cap. 219) and related legislation. The document captures essential elements such as party details, property description, purchase price, payment terms, completion arrangements, and standard warranties. While simpler than agreements used for commercial properties or complex developments, it still provides comprehensive protection for both parties and ensures the transaction meets all legal requirements for property transfer in Hong Kong.

What sections should be included in a Simple Agreement Of Sale (Real Estate)?

1. Parties: Identification of the Vendor and Purchaser, including full legal names, identification numbers, and addresses

2. Background: Brief context of the transaction and property being sold

3. Definitions: Key terms used throughout the agreement including 'Property', 'Completion Date', 'Purchase Price', etc.

4. Sale and Purchase: Core agreement to sell and purchase the property at the specified price

5. Purchase Price: Details of the purchase price, payment terms, and deposit arrangements

6. Completion: Completion date, time, and location details, including mechanics of completion

7. Title: Vendor's warranty of good title and purchaser's right to investigate title

8. Property Condition: State and condition of the property upon sale, including fixtures and fittings

9. Vacant Possession: Obligation to deliver vacant possession upon completion

10. Representations and Warranties: Standard warranties about the property's status, encumbrances, and compliance with laws

11. Default: Consequences of default by either party

12. Notices: How formal notices under the agreement should be given

13. Governing Law: Confirmation that Hong Kong law governs the agreement

What sections are optional to include in a Simple Agreement Of Sale (Real Estate)?

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

2. Mortgage Status: Required if the property is currently mortgaged, detailing arrangements for discharge

3. Agent Commission: Required if property agents are involved, detailing commission arrangements

4. Car Parking Space: Required if a parking space is included in the sale

5. Stamp Duty Arrangements: Required if there are special arrangements regarding payment of stamp duty

6. Conditions Precedent: Required if completion is subject to specific conditions being met

What schedules should be included in a Simple Agreement Of Sale (Real Estate)?

1. Property Description: Detailed description of the property including lot number, address, and registered details

2. Inventory: List of fixtures, fittings, and furniture included in the sale

3. Payment Schedule: Breakdown of payment installments and timing if not a single payment

4. Title Documents: List of title documents to be delivered on completion

5. Existing Encumbrances: Details of any existing encumbrances affecting the property

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

Sector

Banking

Cost

Free to use
Relevant legal definitions



























Clauses

























Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Legal Services

Property Management

Real Estate Investment

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Transactions

Investment

Operations

Risk Management

Documentation

Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Legal Counsel

Conveyancing Manager

Real Estate Director

Property Developer

Investment Manager

Compliance Officer

Real Estate Transaction Manager

Property Consultant

Legal Associate

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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