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Land Option Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Land Option Agreement

"I need a Land Option Agreement for a commercial property in Kowloon, Hong Kong, with a 6-month option period starting March 2025, including specific provisions for due diligence and environmental assessment before exercise."

Document background
The Land Option Agreement is a crucial document in Hong Kong's real estate transactions, particularly used when parties wish to secure future property acquisition rights while maintaining flexibility. It serves as a preliminary step to a full property purchase, allowing the potential buyer to secure the right to purchase while conducting due diligence or arranging financing. The agreement must comply with Hong Kong's property law requirements, including the Conveyancing and Property Ordinance and Land Registration Ordinance. It typically includes specific provisions about the option fee, exercise period, purchase price, and completion mechanisms, while addressing local requirements such as stamp duty obligations. This type of agreement is commonly used in property development projects, investment transactions, and strategic land acquisitions in Hong Kong's competitive real estate market.
Suggested Sections

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

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

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

4. Grant of Option: Clear statement of the grant of the option, option period, and exclusivity provisions

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

6. Exercise of Option: Process 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: Timing and requirements for completion following exercise of the option

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

10. Title: Confirmation of good title and requirements for proving title

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

12. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

13. Execution: Formal execution block meeting Hong Kong legal requirements

Optional Sections

1. Due Diligence: Rights and process for conducting due diligence, included when the grantee requires a due diligence period

2. Conditions Precedent: Any conditions that must be satisfied before the option can be exercised, included when specific prerequisites exist

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

4. Assignment: Rights to assign the option, included when transferability of the option is contemplated

5. Stamp Duty: Specific provisions regarding stamp duty payment obligations, included when parties want to clarify responsibility

6. Confidentiality: Confidentiality obligations regarding the option agreement, included for sensitive transactions

7. Break Fee: Provisions for break fee payment, included when parties want to specify damages for breach

8. Real Estate Agent: Commission arrangements and agent details, included when agents are involved

Suggested Schedules

1. Property Description: Detailed legal description of the property, including lot number, address, and registered particulars

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

3. Form of Sale and Purchase Agreement: Draft agreement to be executed upon exercise of the option

4. Existing Encumbrances: List of existing encumbrances, easements, or restrictions affecting the property

5. Title Documents: List of title documents to be delivered upon completion

6. Fixtures and Fittings: Inventory of fixtures and fittings included in the 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

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Relevant Industries

Real Estate

Property Development

Construction

Urban Planning

Commercial Property

Residential Property

Industrial Property

Retail Property

Infrastructure Development

Investment Management

Banking & Finance

Legal Services

Relevant Teams

Legal

Real Estate

Property Development

Investment

Finance

Compliance

Risk Management

Project Management

Business Development

Corporate Secretarial

Relevant Roles

Real Estate Director

Property Development Manager

Legal Counsel

Property Lawyer

Land Acquisition Manager

Investment Director

Property Investment Manager

Real Estate Agent

Property Surveyor

Development Director

Project Manager

Company Secretary

Contract Manager

Risk Manager

Compliance Officer

Finance 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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