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Memorandum Of Contract Of Sale
"I need a Memorandum of Contract of Sale for the purchase of a commercial property in Tsim Sha Tsui, Hong Kong, with completion scheduled for March 2025, including provisions for existing tenancies and building management requirements."
1. Parties: Full identification of the Vendor and Purchaser, including Hong Kong ID/Company Registration numbers
2. Background: Brief context of the sale transaction and property ownership status
3. Definitions: Key terms used throughout the document, including 'Property', 'Completion Date', 'Purchase Price'
4. Property Details: Full legal description of the property including lot number, address, and registered particulars
5. Purchase Price: Agreed purchase price and payment terms, including initial deposit and balance payment schedule
6. Completion: Completion date, time and location, and procedures for completion
7. Title: Vendor's warranty of good title and obligations regarding title proof
8. Vacant Possession: Conditions for delivering vacant possession upon completion
9. Representations and Warranties: Standard warranties by both parties regarding capacity and authority
10. Stamp Duty: Responsibilities for payment of stamp duty and registration fees
11. Costs: Allocation of legal and other transaction costs between parties
12. Notice: Process and addresses for serving notices between parties
13. Governing Law: Confirmation of Hong Kong law as governing law and jurisdiction
1. Existing Tenancies: Required when property is sold subject to existing tenancies, detailing tenant rights and obligations
2. Mortgage Status: Include when property has existing mortgage that needs to be discharged
3. Car Parking Space: Required when sale includes parking space, detailing its specifics
4. Fixtures and Fittings: Include when specific items are included/excluded from sale
5. Property Management: Include for properties in managed buildings/estates, detailing management fees and obligations
6. Pre-existing Violations: Include when there are known building code violations or unauthorized structures
7. Special Conditions: Any unique terms specific to the transaction
1. Schedule 1 - Property Description: Detailed property description including floor plans and boundaries
2. Schedule 2 - Purchase Price Payment Schedule: Detailed breakdown of payment installments and timing
3. Schedule 3 - Included Fixtures and Fittings: Inventory of items included in the sale
4. Schedule 4 - Existing Tenancy Details: Details of any existing tenancy agreements affecting the property
5. Schedule 5 - Outstanding Orders or Notices: List of any government orders or notices affecting the property
6. Appendix A - Property Floor Plan: Official floor plan showing property layout and dimensions
7. Appendix B - Land Search Documents: Recent land search results showing title details
8. Appendix C - Management Information: Details of building management fees and regulations
Authors
Real Estate
Property Development
Banking and Finance
Legal Services
Property Management
Construction
Investment
Commercial Property
Residential Property
Corporate Real Estate
Legal
Real Estate
Property Management
Compliance
Investment
Asset Management
Operations
Finance
Risk Management
Corporate Affairs
Real Estate Lawyer
Property Manager
Real Estate Agent
Property Developer
Investment Manager
Legal Counsel
Conveyancing Manager
Corporate Lawyer
Transaction Manager
Property Director
Compliance Officer
Real Estate Investment Manager
Asset Manager
Portfolio Manager
Bank Manager
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