logo
Hong Kong icon
icon Hong Kong icon
Do not fill in the name of the owner when signing the provisional agreement
Nov 2, 2022
Do not fill in the name of the owner when signing the provisional agreement Hong Kong
By   Internet
  • Guide
  • Provisional sale and purchase agreement
  • joint tenancy
  • company owner
Abstract: Don't think that the name of the provisional sale and purchase agreement has the word "provisional", so you should not take this agreement lightly, thinking that the information can be changed at any time, in fact, the provisional sale and purchase agreement is a legally binding document, in which the name of the owner also has a lot of learning, because even the counterparty is wrong, it is the same as the whole deal is broken.

According to the guidelines of the Estate Agents Authority, the name, address and ID number of the owner, or passport number in the case of foreigners, are required to be listed on the provisional sale and purchase agreement, and the owner's information must match the information on the register without any difference.

 

For example, if the name of the owner is "Wang Xiaoli", it would be a big mistake to write "Huang Xiaoli" or "Wang Shaoli", but some people are used to using simplified characters and would write "This is also not allowed.

 

In addition, the name of the owner on the register is shown as "Wong Siu Lai" in English, so do not change your hand to "王小麗" in Chinese, If there are other English names, such as "Wong Siu Lai, Carmen", remember not to leave out "Carmen".

 

Some properties are jointly owned by two or more owners, in which case, the names and ID numbers of all owners must be filled in together, not missing one.

 

In many cases, if one owner is willing to sell the property, it does not necessarily mean that the other owners are willing to sell as well, and if any one owner refuses to sell the property, the transaction will not be completed.

 

If there are more than one owner in the joint name, some owners cannot find time to sign the contract, or they are in foreign countries for a long time and cannot return to Hong Kong to sign the contract, does it mean that they can never sell their properties?

 

No, as long as the owner has gone to the solicitor's office to apply for a power of attorney and authorize another owner, or even a relative, to sign the contract on his or her behalf.

 

If the owner is a company, the company name, business registration number and registered address must be listed on the contract, and the information must also be the same as the search book.

 

When signing the contract, it is important to note that in addition to the signature of the shareholder, the company seal must also be present in order for the contract to be valid, as the signature of the shareholder is not the same as the signature of the company.

 

In addition, for some companies with more than one shareholder, all shareholders must agree to the sale of the property and have the relevant documents to prove it, such as the minutes of the shareholders' meeting held in which the company unanimously agreed to sell the property, or other shareholders authorizing a shareholder to sign on their behalf.

 

In short, the Promissory Note is a legal document, once written down in black and white, it is very troublesome to change it, so it is necessary to read all the terms and conditions clearly before signing.

icon
+87
icon
 
icon icon
icon
banner
Do not fill in the name of the owner when signing the provisional agreement
icon
icon
icon
icon