Pre Sale Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Pre Sale Agreement

"I need a Pre Sale Agreement for a luxury residential development in Hong Kong's New Territories, with specific provisions for phased completion dates throughout 2025 and including special clauses for club facilities and smart home features."

Document background
The Pre Sale Agreement is a crucial document in Hong Kong's property development sector, used when selling properties that are still under construction or not yet completed. This agreement type is heavily regulated under Hong Kong law, particularly by the Residential Properties (First-hand Sales) Ordinance, which aims to enhance the transparency and fairness of first-hand property sales. The document is typically used by developers selling residential properties off-plan and includes comprehensive details about the property specifications, payment structure, completion timeline, and various protections for both parties. It must incorporate specific provisions required by Hong Kong legislation, including mandatory information about the development, payment safeguards, and completion guarantees. The Pre Sale Agreement serves as the primary contract governing the relationship between the developer and purchaser until the property's completion and final sale.
Suggested Sections

1. Parties: Identification of the vendor and purchaser with full legal names and addresses

2. Background: Context of the transaction, including property development status and relevant permits

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Detailed description of the property including lot number, floor area, and specifications

5. Purchase Price: Total purchase price, payment schedule, and deposit requirements

6. Payment Terms: Detailed payment structure including installments and completion payment

7. Completion: Conditions and timing for completion of the sale

8. Construction and Specifications: Details of construction standards, materials, and finishing

9. Warranties and Representations: Warranties provided by the vendor regarding the property and development

10. Default and Remedies: Consequences of default by either party and available remedies

11. Assignment and Transfer: Restrictions on assignment of rights under the agreement

12. Notices: Process for giving notices under the agreement

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

14. General Provisions: Standard boilerplate clauses including severability and entire agreement

Optional Sections

1. Mortgage Arrangements: Include when purchaser requires mortgage financing, detailing requirements and conditions

2. Car Parking Space: Include when the sale includes parking space allocation

3. Clubhouse and Facilities: Include when the development includes shared facilities and usage rights

4. Defects Liability: Include when specific defect warranty periods are offered beyond statutory requirements

5. Property Management: Include when there are specific management arrangements or fees to be agreed

6. Stamp Duty: Include when there are specific arrangements regarding payment of stamp duty

7. Sales Incentives: Include when developer is offering specific incentives or rebates

Suggested Schedules

1. Schedule 1 - Property Specifications: Detailed specifications of the property including floor plans and materials

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment installments and due dates

3. Schedule 3 - Fixtures, Fittings and Appliances: List of included fixtures, fittings and appliances

4. Schedule 4 - Development Facilities: Details of common facilities and amenities in the development

5. Schedule 5 - Deed of Mutual Covenant: Key terms of the deed of mutual covenant and management agreement

6. Appendix A - Floor Plans: Detailed floor plans and measurements

7. Appendix B - Location Plans: Site plans and location maps

8. Appendix C - Government Grant: Relevant excerpts from the government grant

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Construction

Property Development

Legal Services

Banking and Finance

Property Management

Real Estate Agency

Construction Materials

Architecture

Relevant Teams

Legal

Real Estate

Sales

Compliance

Property Development

Project Management

Risk Management

Construction

Customer Relations

Contract Administration

Relevant Roles

Property Developer

Real Estate Lawyer

Legal Counsel

Property Manager

Sales Director

Construction Manager

Project Manager

Compliance Officer

Real Estate Agent

Contract Administrator

Development Director

Sales Manager

Legal Manager

Property Development Executive

Risk 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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