The Sale Deed For Property is a crucial legal instrument in Hong Kong's property transaction framework, used whenever real property ownership is transferred between parties. This document is essential for both residential and commercial property transactions, requiring careful preparation to ensure compliance with Hong Kong's property laws and regulations. The deed must include specific elements mandated by local legislation, including precise property descriptions, party details, consideration, and various statutory declarations. It serves as the primary evidence of property transfer and must be properly executed and registered with the Hong Kong Land Registry. The document is particularly important as Hong Kong operates under a common law system with specific local property regulations, making it distinct from mainland China's property regime.
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1. Parties: Identifies and provides full details of the Vendor and Purchaser, including their full legal names, identification numbers, and registered addresses
2. Background: Recitals establishing the Vendor's ownership, authority to sell, and the agreement to sell to the Purchaser
3. Definitions: Defines key terms used throughout the deed including 'Property', 'Completion Date', 'Purchase Price', and other relevant terms
4. Property Details: Full legal description of the property including lot number, address, boundaries, and registered particulars as per the Land Registry
5. Consideration: States the purchase price, payment terms, and method of payment
6. Title Guarantee: Vendor's warranties regarding good title, freedom from encumbrances, and right to sell
7. Completion: Details of the completion process, including date, time, location, and delivery of documents
8. Vendor's Covenants: Vendor's obligations regarding property condition, existing tenancies, and pre-completion maintenance
9. Purchaser's Covenants: Purchaser's obligations including payment, stamp duty responsibilities, and compliance with terms
10. Execution: Formal execution block for signing by parties and witnesses
1. Existing Tenancies: Required when the property is sold subject to existing tenancies, detailing tenant rights and obligations
2. Car Parking Space: Required when the sale includes parking space(s), detailing the specific rights and arrangements
3. Mortgage Details: Required when the property is being sold subject to an existing mortgage or charging order
4. Special Conditions: For any unique terms specific to the property or transaction
5. Property Management: Required for properties in managed buildings, detailing management fees and obligations
6. Fixtures and Fittings: When specific items are included or excluded from the sale
7. Pre-existing Violations: When there are known building code violations or unauthorized structures
1. Schedule 1 - Property Description: Detailed property description including floor plans, measurements, and boundaries
2. Schedule 2 - Inventory: List of fixtures, fittings, and furnishings included in the sale
3. Schedule 3 - Title Documents: List of all relevant title documents and their particulars
4. Schedule 4 - Existing Tenancies: Details of any existing tenancy agreements affecting the property
5. Appendix A - Property Plans: Official floor plans and location maps
6. Appendix B - Land Search Documents: Recent land search results and encumbrances record
7. Appendix C - Photographs: Current photographs of the property and any relevant features
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