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Contract to Sell
I need a contract to sell a residential property in Hong Kong, including terms for a 10% deposit, a completion date within 60 days, and clauses for both parties to cover their own legal fees. The contract should also include a provision for a penalty if the buyer fails to complete the purchase.
What is a Contract to Sell?
A Contract to Sell puts key sale terms in writing before the final purchase agreement. It's commonly used in Hong Kong property transactions when buyers and sellers want to lock in their deal's basic terms while working out the details. Unlike a full Sale and Purchase Agreement, this preliminary contract creates binding obligations but doesn't transfer ownership yet.
These contracts protect both parties during the gap between initial agreement and final sale. They typically specify the property details, price, deposit amount, and completion timeline - giving everyone clarity while lawyers conduct due diligence and prepare formal documentation under Hong Kong's Conveyancing and Property Ordinance.
When should you use a Contract to Sell?
Use a Contract to Sell when you've agreed on the main terms of a property sale but need time to handle the details. This preliminary agreement works perfectly for Hong Kong property deals where buyers need to arrange financing or sellers must clear existing mortgages before completing the transaction.
It's especially valuable in fast-moving markets where you want to secure the deal quickly while giving both sides time for due diligence. The contract helps prevent either party from backing out or changing terms, and it sets clear expectations about deposits, completion dates, and any special conditions that must be met before the final sale.
What are the different types of Contract to Sell?
- Business Sales Agreement: Tailored for company asset sales, including inventory, equipment, and goodwill transfer terms
- Sale Leaseback Agreement: Specialized version where the seller continues using the property as a tenant after sale
- Commercial Real Estate Purchase And Sale Agreement: Comprehensive version for complex commercial property transactions with detailed due diligence provisions
- Deed Of Sale Motorcycle: Simplified format for personal property sales, specifically vehicles and movable assets
Who should typically use a Contract to Sell?
- Property Owners/Sellers: Initiate the Contract to Sell when ready to transfer ownership, often working through real estate agents to find buyers
- Prospective Buyers: Review and negotiate terms, arrange financing, and provide deposits as specified in the agreement
- Real Estate Agents: Facilitate negotiations, prepare preliminary documentation, and coordinate between parties
- Property Lawyers: Draft and review the contract, ensure compliance with Hong Kong property laws, and handle due diligence
- Banks/Lenders: Review contracts when providing mortgages or financing, ensuring their interests are protected
How do you write a Contract to Sell?
- Property Details: Gather exact property address, lot number, and registered ownership details from Land Registry records
- Party Information: Collect full legal names, HKID/passport numbers, and contact details for all buyers and sellers
- Financial Terms: Document agreed purchase price, deposit amount, payment schedule, and financing conditions
- Timeline Planning: Set clear completion date, inspection periods, and any contingency deadlines
- Special Conditions: Note any existing tenancies, required repairs, or included fixtures and fittings
- Document Review: Use our platform to generate a legally compliant draft, ensuring all Hong Kong property law requirements are met
What should be included in a Contract to Sell?
- Property Description: Detailed identification of the property including address, lot number, and boundaries per Land Registry records
- Party Details: Full legal names and addresses of buyers and sellers with signing capacity verification
- Purchase Terms: Clear statement of price, payment schedule, and deposit arrangements
- Completion Timeline: Specific dates for deposit payment, document submission, and final completion
- Title Conditions: Current encumbrances, warranties about property condition, and any existing tenancies
- Default Provisions: Consequences of breach and remedies available to either party
- Governing Law: Explicit statement that Hong Kong law governs the agreement
What's the difference between a Contract to Sell and a Real Estate Sale Contract?
A Contract to Sell differs significantly from a Real Estate Sale Contract in several key ways, though both are used in Hong Kong property transactions. While they might seem similar at first glance, understanding their distinct purposes helps you choose the right document for your situation.
- Timing and Purpose: A Contract to Sell is preliminary, securing basic terms while details are finalized, whereas a Real Estate Sale Contract is the final, comprehensive agreement that actually transfers property ownership
- Legal Effect: The Contract to Sell creates obligations but doesn't transfer title; the Real Estate Sale Contract completes the actual property transfer
- Detail Level: Contract to Sell contains essential terms only, while Real Estate Sale Contract includes complete technical and legal requirements for title transfer
- Flexibility: Contract to Sell allows for conditions and contingencies to be met before final sale, whereas Real Estate Sale Contract represents the final, unconditional agreement
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