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Sub Sale Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Sub Sale Agreement

"I need a Sub Sale Agreement for a residential apartment in Hong Kong's Mid-Levels area, where I'm selling my pre-sale purchase rights to a new buyer who requires mortgage financing, with completion expected by March 2025."

Document background
The Sub Sale Agreement is a crucial document in Hong Kong's property market, used when an original purchaser wishes to sell their interest in a property before completing the original purchase. This practice is common in both residential and commercial property transactions, particularly in pre-sale arrangements or during property development phases. The document must comply with Hong Kong's stringent property laws and regulations, including specific requirements for stamp duty, property registration, and conveyancing. A Sub Sale Agreement typically includes detailed information about the original purchase, the new transaction terms, payment arrangements, and completion requirements. It's particularly important in Hong Kong's dynamic property market where property values can fluctuate significantly between the original purchase and completion dates. The document must address both the transfer of rights and obligations from the original purchase agreement while establishing new terms between the sub-seller and sub-purchaser.
Suggested Sections

1. Parties: Identifies the Sub-Seller (Original Purchaser), Sub-Purchaser, and Original Seller (for reference)

2. Background: Details of the original sale and purchase agreement, property information, and context of the sub-sale

3. Definitions: Defines key terms used throughout the agreement, including Property, Original Agreement, Completion Date, etc.

4. Sale and Purchase: Core agreement for the sub-sale of the property and purchase price

5. Purchase Price and Payment Terms: Detailed breakdown of the purchase price, deposit requirements, and payment schedule

6. Completion: Completion date, procedures, and requirements for finalizing the transaction

7. Stamp Duty and Costs: Allocation of stamp duty, legal fees, and other transaction costs

8. Title and Property Condition: Warranties regarding title and property condition

9. Assignment and Transfer: Process and requirements for legal transfer of the property

10. Default and Termination: Consequences of default and termination rights

11. Notices: Requirements for formal communications between parties

12. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

13. Execution: Formal execution blocks for all parties

Optional Sections

1. Original Seller's Consent: Required if the Original Agreement requires consent for sub-sale

2. Mortgage or Financing: Include if sub-purchaser requires mortgage financing

3. Agent Commission: Include if property agents are involved in the transaction

4. Vacant Possession: Include if specific arrangements for property handover are needed

5. Representations and Warranties: Additional warranties beyond basic title warranties

6. Tax Indemnity: Include for complex tax arrangements or foreign purchasers

7. Conditions Precedent: Include if completion is subject to specific conditions

8. Personal Data Protection: Include detailed data privacy terms if extensive personal data is processed

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including lot number, address, and registered details

2. Schedule 2 - Original Agreement Details: Key terms and conditions from the Original Agreement

3. Schedule 3 - Payment Schedule: Detailed breakdown of payment installments and timing

4. Schedule 4 - Completion Requirements: Checklist of documents and requirements for completion

5. Appendix A - Property Plans: Floor plans and property layouts if applicable

6. Appendix B - Original Seller's Consent: If required, the formal consent from the Original Seller

7. Appendix C - Due Diligence Documents: List of property inspection reports and relevant certificates

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

Legal Services

Banking and Finance

Property Development

Property Investment

Real Estate Agency Services

Property Management

Construction

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Investment

Operations

Risk Management

Sales

Documentation

Relevant Roles

Real Estate Lawyer

Property Lawyer

Conveyancing Manager

Legal Counsel

Property Manager

Real Estate Agent

Property Developer

Investment Manager

Real Estate Investment Director

Compliance Officer

Contract Manager

Property Transaction Manager

Legal Director

Real Estate 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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