The Deed of Sale of House and Lot Rights is a crucial legal instrument in Hong Kong's property market, essential for documenting and effecting the transfer of residential property ownership. This document is required whenever there is a sale of residential property in Hong Kong, whether it involves private houses, apartments, or other residential units with associated land rights. The deed must comply with the requirements of the Conveyancing and Property Ordinance (Cap. 219) and related Hong Kong legislation, including proper execution as a deed, clear identification of parties, precise property description, and specific terms of sale. It serves as the primary evidence of the property transfer and must be registered with the Hong Kong Land Registry to ensure legal protection of the purchaser's rights.
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1. Parties: Full legal names and details of the Vendor and Purchaser, including identification numbers and registered addresses
2. Background: Recitals establishing the Vendor's ownership, authority to sell, and the parties' intention to enter into the transaction
3. Definitions: Definitions of key terms used throughout the deed, including Property, Completion Date, Purchase Price, and other relevant terms
4. Sale and Purchase Agreement: Core agreement where Vendor agrees to sell and Purchaser agrees to buy the Property at the specified price
5. Property Details: Detailed description of the property including lot number, address, boundaries, and registered particulars
6. Purchase Price: Statement of the purchase price, payment terms, and method of payment
7. Completion: Details of completion date, time, and place, and the procedures for completion
8. Title and Documents: Vendor's warranties regarding good title and list of documents to be delivered
9. Vendor's Representations and Warranties: Standard warranties about property ownership, condition, and absence of encumbrances
10. Purchaser's Representations and Warranties: Purchaser's confirmations regarding inspection, financial capacity, and compliance
11. Risk and Insurance: Provisions regarding transfer of risk and insurance responsibilities
12. Notices: Procedures for giving notices under the deed
13. Governing Law and Jurisdiction: Confirmation of Hong Kong law as governing law and jurisdiction
14. Execution: Execution block for signing as a deed with witness provisions
1. Existing Tenancies: Required when the property is subject to existing tenancy agreements that will continue after sale
2. Mortgage Details: Required when the property is subject to an existing mortgage that needs to be discharged
3. Property Management: Required for properties in managed buildings or estates, detailing management fees and obligations
4. Vacant Possession: Required when specific arrangements for delivering vacant possession need to be detailed
5. Fixtures and Fittings: Required when specific items are included or excluded from the sale
6. Planning Restrictions: Required when the property is subject to specific planning conditions or restrictions
7. Car Parking Space: Required when the sale includes parking space rights
8. Power of Attorney: Required when either party is acting through an attorney
1. Schedule 1 - Property Description: Detailed property description including lot number, address, and registered particulars
2. Schedule 2 - Purchase Price Payment Schedule: Breakdown of payment installments and timing
3. Schedule 3 - Title Documents: List of title documents to be delivered on completion
4. Schedule 4 - Fixtures, Fittings and Chattels: Inventory of items included in the sale
5. Appendix A - Property Plans: Floor plans, location plans, and other relevant drawings
6. Appendix B - Land Search Documents: Recent land search results showing current ownership and encumbrances
7. Appendix C - Completion Requirements: Checklist of documents and requirements for completion
8. Appendix D - Property Photographs: Current photographs of the property's condition
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