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Deed Of Absolute Sale Template for Hong Kong

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Key Requirements PROMPT example:

Deed Of Absolute Sale

"I need a Deed of Absolute Sale for a commercial property purchase in Causeway Bay, Hong Kong, where the property is currently leased to multiple tenants, and we need to preserve these existing tenancy agreements after the sale completes in March 2025."

Document background
The Deed of Absolute Sale is a crucial legal instrument in Hong Kong's property transaction framework, used when there is a definitive transfer of real property ownership. This document is essential for completing property transactions and must comply with Hong Kong's legal requirements, particularly the Conveyancing and Property Ordinance (Cap. 219) and Land Registration Ordinance (Cap. 128). It typically follows a provisional agreement for sale and purchase, representing the final stage of the property transfer process. The deed includes comprehensive details about the property, parties involved, consideration, warranties, and encumbrances, ensuring clear title transfer and protection for both parties. It must be properly executed as a deed and registered with the Hong Kong Land Registry to perfect the purchaser's title.
Suggested Sections

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

2. Background/Recitals: Context of the sale and confirmation of the Vendor's right to sell the property

3. Definitions and Interpretation: Definitions of key terms used throughout the deed and rules for interpretation

4. Property Details: Full legal description of the property being sold, including lot number, address, and registered particulars

5. Consideration: Purchase price and payment terms, including any deposits paid

6. Free from Encumbrances: Vendor's warranty that the property is free from mortgages, charges, and other encumbrances

7. Title Guarantee: Vendor's warranties regarding good title and right to sell

8. Completion: Details of completion date, time, and place, and obligations of parties upon completion

9. Stamp Duty: Provisions regarding payment of stamp duty and who bears the cost

10. Costs: Allocation of legal and other costs related to the sale

11. Registration: Obligations regarding registration of the transfer at the Land Registry

12. Execution: Formal execution clause meeting requirements for a deed under Hong Kong law

Optional Sections

1. Existing Tenancies: Required when the property is sold subject to existing tenancies, detailing the terms and conditions of such tenancies

2. Provisional Agreement: References to any preliminary sale and purchase agreement when the deed follows such an agreement

3. Property Management: Required for properties in multi-unit buildings, addressing management fees and obligations

4. Possession: Special provisions regarding vacant possession or conditions of possession

5. Tax Indemnity: Special tax-related provisions, particularly relevant for corporate vendors or purchasers

6. Representations and Warranties: Additional specific warranties beyond standard title guarantees, used for unique property characteristics

7. Foreign Law Compliance: Required when either party is subject to foreign ownership restrictions or regulations

Suggested Schedules

1. Property Schedule: Detailed property description including floor plans, boundaries, and included fixtures and fittings

2. Title Documents: List of all relevant title documents and their location

3. Existing Tenancies Schedule: Details of any existing tenancy agreements affecting the property

4. Inventory: List of any movable items included in the sale

5. Encumbrances Schedule: Details of any permitted encumbrances that will continue after completion

6. Completion Requirements: Checklist of documents required for completion

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions













































Clauses

































Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Property Management

Real Estate Investment

Commercial Property

Residential Property

Industrial Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Corporate Secretarial

Investment

Operations

Property Development

Asset Management

Risk Management

Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Conveyancing Manager

Legal Counsel

Company Director

Company Secretary

Property Development Manager

Investment Manager

Compliance Officer

Real Estate Portfolio Manager

Title Officer

Legal Executive

Property Transaction Coordinator

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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