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Memorandum Of Contract Of Sale Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Memorandum of Contract of Sale is a fundamental document in Hong Kong property transactions, serving as the initial formal record of agreement between parties in a property sale. This document is typically used immediately after parties reach agreement on key terms but before the full formal Agreement for Sale and Purchase is executed. It captures essential elements required under Hong Kong law, including party details, property description, purchase price, payment terms, and completion arrangements. The document must comply with the Conveyancing and Property Ordinance and other relevant Hong Kong legislation, making it an important stepping stone in the property transfer process. It's particularly crucial as it can be used to enforce the transaction if either party attempts to back out, provided it contains all essential terms.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions







































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Relevant Industries

Real Estate

Property Development

Banking and Finance

Legal Services

Property Management

Construction

Investment

Commercial Property

Residential Property

Corporate Real Estate

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Investment

Asset Management

Operations

Finance

Risk Management

Corporate Affairs

Relevant Roles

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

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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