The Deed Of Sale House And Lot Rights is a fundamental legal instrument in Hong Kong's property market, used to formalize and execute the transfer of residential property ownership. This document is essential when conducting property transactions in Hong Kong's unique legal environment, which operates under a leasehold system inherited from British common law but modified to suit local conditions. The deed must comply with the Conveyancing and Property Ordinance (Cap. 219) and related Hong Kong legislation, including requirements for registration with the Land Registry and payment of applicable stamp duties. It is typically used in both primary and secondary market transactions, containing comprehensive details about the property, parties involved, purchase price, payment terms, completion requirements, and various warranties and representations. The document provides crucial protection for both vendors and purchasers by clearly defining their rights and obligations within Hong Kong's property law framework.
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1. Parties: Identifies and provides full details of the Vendor and Purchaser, including their respective addresses and identification details
2. Background: Recitals explaining the ownership status of the property and the intention to sell and purchase
3. Definitions: Defines key terms used throughout the deed including Property, Completion Date, Purchase Price, and other relevant terms
4. Agreement for Sale: Core provision stating the agreement to sell and purchase the property
5. Purchase Price: Specifies the purchase price, payment terms, and method of payment
6. Property Details: Detailed description of the property including lot number, address, and registered particulars
7. Title and Ownership: Vendor's warranties regarding clean title and ownership rights
8. Completion: Details of completion date, time, and place, and requirements for completion
9. Vendor's Obligations: Lists all obligations of the vendor including delivery of documents and vacant possession
10. Purchaser's Obligations: Lists all obligations of the purchaser including payment and compliance requirements
11. Representations and Warranties: Standard warranties about the property's condition and legal status
12. Risk and Insurance: Provisions regarding transfer of risk and insurance requirements
13. Default Provisions: Consequences of default by either party
14. Execution: Formal execution blocks for all parties, witnesses, and attestation clauses
1. Mortgage Status: Required if the property is subject to an existing mortgage that needs to be discharged
2. Tenancy Details: Required if the property is subject to existing tenancies
3. Property Management: Required for properties in multi-unit buildings with management agreements
4. Stamp Duty Arrangements: Required when there are special arrangements regarding payment of stamp duty
5. Power of Attorney: Required if any party is acting through an attorney
6. Foreign Investment Provisions: Required if either party is a foreign entity
7. Building Orders: Required if there are outstanding building orders or notices
8. Car Parking Space: Required if the sale includes parking space rights
1. Schedule 1 - Property Description: Detailed property description including boundaries, floor plans, and fixtures
2. Schedule 2 - Title Documents: List of all relevant title documents and their particulars
3. Schedule 3 - Inventory: List of fixtures, fittings, and chattels included in the sale
4. Schedule 4 - Outstanding Rates and Management Fees: Details of any outstanding charges or fees
5. Schedule 5 - Existing Encumbrances: Details of any existing encumbrances, easements, or rights of way
6. Appendix A - Property Plans: Floor plans, location plans, and any relevant drawings
7. Appendix B - Photographs: Recent photographs of the property and its condition
8. Appendix C - Completion Requirements: Detailed checklist of documents required for completion
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