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Real Estate Option To Purchase Agreement for Hong Kong

Real Estate Option To Purchase Agreement Template for Hong Kong

A legally binding agreement governed by Hong Kong law that grants a potential purchaser (Option Holder) the exclusive right, but not the obligation, to purchase a specified property from the owner (Option Grantor) within a defined period and at a predetermined price. The agreement details the option fee, exercise procedures, purchase price, property specifications, and completion requirements in accordance with Hong Kong's property laws and regulations, particularly the Conveyancing and Property Ordinance (Cap. 219) and related legislation. It includes provisions for due diligence, title verification, and compliance with stamp duty obligations under Hong Kong law.

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What is a Real Estate Option To Purchase Agreement?

The Real Estate Option to Purchase Agreement is a crucial document in Hong Kong's property market, providing a structured framework for property acquisition negotiations. It is commonly used when a potential buyer needs time to arrange financing, conduct due diligence, or satisfy other conditions before committing to a purchase, while ensuring the property owner cannot sell to another party during the option period. The agreement must comply with Hong Kong's legal requirements, including the Conveyancing and Property Ordinance and Stamp Duty Ordinance. It typically includes detailed property information, option terms, purchase price, exercise procedures, and completion requirements. This document is particularly valuable in both commercial and residential property transactions where parties need to secure their interests while finalizing transaction details.

What sections should be included in a Real Estate Option To Purchase Agreement?

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

2. Background: Context of the agreement, including brief property description and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including 'Option Period', 'Purchase Price', 'Property', 'Completion Date'

4. Grant of Option: Express grant of the option to purchase, specifying the exclusive nature and duration of the option

5. Option Fee: Amount of option fee, payment terms, and whether it's refundable or forms part of the purchase price

6. Exercise of Option: Procedure for exercising the option, including notice requirements and time constraints

7. Purchase Price: Agreed purchase price for the property and payment terms if option is exercised

8. Property Details: Detailed description of the property, including address, lot number, and registered details

9. Conditions of Sale: Standard conditions that will apply to the sale if the option is exercised

10. Title and Capacity: Grantor's warranties regarding ownership and authority to sell

11. Completion: Completion procedures, timing, and obligations of both parties

12. Termination: Circumstances under which the option agreement may be terminated

13. Governing Law: Specification of Hong Kong law as governing law and jurisdiction

14. Entire Agreement: Standard entire agreement clause confirming this document represents the complete agreement

What sections are optional to include in a Real Estate Option To Purchase Agreement?

1. Due Diligence: Terms allowing the Option Holder to conduct property investigations, used when due diligence hasn't been completed before option grant

2. Existing Tenancies: Details of any existing tenancies affecting the property, included when property is subject to leases

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

4. Assignment Restriction: Prohibition on assigning the option rights, included when transferability needs to be restricted

5. Mortgagee Consent: Requirements for obtaining mortgagee consent, included when property is mortgaged

6. Special Conditions: Any special requirements or conditions specific to the property or transaction

7. Tax Provisions: Special tax considerations or arrangements, particularly relevant for corporate transactions

What schedules should be included in a Real Estate Option To Purchase Agreement?

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

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

3. Form of Option Exercise Notice: Template notice for exercising the option

4. Existing Tenancies Schedule: Details of any existing tenancies, including key terms

5. Inventory: List of included furniture, fittings, or equipment if applicable

6. Property Plans: Floor plans, site plans, or other relevant property drawings

7. Special Conditions Schedule: Detailed special conditions or requirements for the sale

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions


























Clauses


























Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Property Investment

Legal Services

Banking and Finance

Construction

Property Management

Relevant Teams

Legal

Real Estate

Property Management

Acquisitions

Investment

Compliance

Operations

Finance

Risk Management

Asset Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Property Developer

Investment Manager

Legal Counsel

Conveyancing Manager

Property Investment Director

Real Estate Portfolio Manager

Acquisitions Manager

Real Estate Transaction Manager

Property Valuer

Compliance Officer

Real Estate Operations Director

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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