The Real Estate Assignment Of Contract Form is a crucial document in Hong Kong's property transaction landscape, typically used when an original purchaser (Assignor) wishes to transfer their contractual rights and obligations to a new buyer (Assignee) before the completion of the property purchase. This form of assignment is common in Hong Kong's property market, particularly for off-plan purchases or incomplete developments. The document must comply with Hong Kong's legal requirements, including the Conveyancing and Property Ordinance and Stamp Duty Ordinance. It contains essential elements such as party details, property specifications, consideration amount, warranties, and completion arrangements. The form is particularly important in Hong Kong's dynamic property market where sub-sales are common, requiring careful attention to legal compliance and protection of all parties' interests.
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1. Parties: Identifies and defines all parties involved: Assignor (original contract holder), Assignee (party receiving the rights), and where relevant, the Developer/Vendor
2. Background: Recitals explaining the context of the original contract, its key terms, and the intention to assign
3. Definitions: Defines key terms used throughout the document, including Property, Original Contract, Completion Date, etc.
4. Assignment: Core clause detailing the assignment of rights and obligations from Assignor to Assignee
5. Consideration: Specifies the payment amount and terms for the assignment
6. Completion: Details of the completion date, time, and place, including requirements for completion
7. Assignor's Warranties: Warranties regarding ownership of contract rights, no encumbrances, and authority to assign
8. Assignee's Covenants: Assignee's promises to perform original contract obligations and indemnify Assignor
9. Costs and Stamp Duty: Allocation of legal costs, stamp duty, and other expenses
10. Notices: Process for giving formal notices under the assignment
11. Governing Law: Confirms Hong Kong law governs the assignment
12. Execution: Formal execution block for all parties to sign
1. Consent of Original Vendor: Required when the original contract requires vendor's consent for assignment
2. Conditions Precedent: Include when assignment is subject to specific conditions being met first
3. Multiple Properties: Additional provisions when assignment involves multiple properties
4. Power of Attorney: Include when one party is acting through an attorney
5. Joint Owners Provisions: Required when either Assignor or Assignee comprises multiple persons
6. Mortgage Details: Include when the property is subject to an existing mortgage
7. Estate Agent Provisions: Required when estate agents are involved in the transaction
1. Schedule 1 - Property Details: Detailed description of the property including lot number, address, and specifications
2. Schedule 2 - Original Contract: Key details from the original contract being assigned
3. Schedule 3 - Payment Schedule: Breakdown of consideration and payment terms
4. Schedule 4 - Existing Encumbrances: List of any existing encumbrances affecting the property
5. Appendix A - Copy of Original Contract: Certified copy of the original contract being assigned
6. Appendix B - Property Documents: Copies of relevant property documents, plans, or certificates
7. Appendix C - Consent Documents: Any required consent forms from relevant parties
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