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Option Agreement (Real Estate) Template for Hong Kong

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Key Requirements PROMPT example:

Option Agreement (Real Estate)

"I need a Real Estate Option Agreement for a commercial property in Hong Kong's Central district, with a 6-month option period starting March 1, 2025, and including specific provisions for due diligence and potential lease-back arrangements with existing tenants."

Document background
The Option Agreement (Real Estate) is a crucial document in Hong Kong property transactions, commonly used when parties wish to secure the possibility of a future property purchase while requiring time for due diligence, financing arrangements, or strategic planning. This agreement type is particularly relevant in Hong Kong's dynamic real estate market, where property values can fluctuate significantly. The document must comply with Hong Kong's property laws and regulations, including registration requirements and stamp duty obligations. It typically includes detailed provisions about the option period, consideration, exercise mechanisms, and completion requirements, offering flexibility for the potential purchaser while providing certainty for the property owner. The agreement is especially useful in complex commercial transactions, development projects, or when staged property acquisitions are contemplated.
Suggested Sections

1. Parties: Identification of the Option Grantor (property owner) and Option Holder, including full legal names and addresses

2. Background: Context of the agreement, including brief property description and parties' intention to enter into an option arrangement

3. Definitions: Key terms used throughout the agreement, including Property, Option Period, Option Fee, Purchase Price, and Completion Date

4. Grant of Option: Core provision granting the exclusive option to purchase the property, specifying the option period and exercise conditions

5. Option Fee: Details of the option fee payment, whether refundable, and its treatment upon exercise of the option

6. Exercise of Option: Mechanism and formalities for exercising the option, including notice requirements and timing

7. Purchase Price: Specified purchase price for the property if the option is exercised, including any adjustment mechanisms

8. Completion: Completion requirements, timing, and obligations of both parties upon exercise of the option

9. Property Condition: Warranties regarding the current state of the property and any encumbrances

10. Termination: Circumstances under which the agreement may be terminated and consequences

11. General Provisions: Standard contractual provisions including notices, governing law, and entire agreement

Optional Sections

1. Due Diligence: Rights and process for conducting property investigations, used when the option holder requires a due diligence period

2. Deposit Arrangements: Details of any deposit required beyond the option fee, used when additional security is needed

3. Mortgagee Consent: Requirements for obtaining existing mortgagee's consent, included if the property is mortgaged

4. Assignment Rights: Right to assign the option to third parties, included if transferability is contemplated

5. Break Fees: Penalties or fees for early termination, included if specific break costs are to be recoverable

6. Stamp Duty Arrangements: Specific arrangements for stamp duty payment, included for clarity on tax obligations

7. Property Management: Obligations regarding property maintenance during the option period, included for longer option periods

Suggested Schedules

1. Property Details: Detailed property description, including lot number, address, and registered particulars

2. Form of Option Exercise Notice: Prescribed form for valid exercise of the option

3. Existing Tenancies: Details of any existing tenancies affecting the property

4. Title Documents: List of relevant title documents and encumbrances

5. Fixtures and Fittings: Inventory of items included/excluded from the sale

6. Special Conditions: Any special conditions affecting the property or its sale

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

Commercial Property

Residential Property

Retail

Hospitality

Industrial

Banking and Finance

Investment Management

Construction

Relevant Teams

Legal

Real Estate

Property Management

Investment

Corporate Development

Acquisitions

Asset Management

Finance

Risk Management

Compliance

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Investment Manager

Property Developer

Corporate Counsel

Legal Director

Real Estate Investment Director

Asset Manager

Acquisitions Manager

Development Director

Property Investment Analyst

Real Estate Fund Manager

Transaction 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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