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Tripartite Agreement For Home Loan
"Need a Tripartite Agreement For Home Loan for a HKD 5 million property purchase in Hong Kong, where the property is currently under construction with expected completion in March 2025, involving Bank of East Asia as lender and Sun Hung Kai Properties as developer."
1. Parties: Identification and details of the three parties: the Borrower, the Bank, and the Property Developer/Seller
2. Background: Context of the agreement, including the property purchase and loan arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Specific details of the loan including amount, interest rate, term, and repayment schedule
5. Property Details: Description and particulars of the property being purchased
6. Payment Mechanism: Process for disbursement of loan funds and payment to the Developer/Seller
7. Security Arrangements: Details of mortgage and any additional security requirements
8. Representations and Warranties: Statements of fact and assurances from each party
9. Covenants: Ongoing obligations of each party throughout the loan term
10. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective
11. Default Events: Circumstances constituting default by any party and consequences
12. Remedies: Rights and remedies available to parties in case of default or breach
13. Notices: Process and requirements for formal communications between parties
14. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction
1. Insurance Requirements: Detailed insurance obligations - include if property insurance is arranged through the bank
2. Construction Completion: Include for under-construction properties to detail completion obligations and timelines
3. Assignment Restrictions: Include if there are specific restrictions on property assignment or loan transfer
4. Guarantor Provisions: Include if there is a guarantor for the loan
5. Subsidy Schemes: Include if the purchase involves any government housing subsidy schemes
6. Tripartite Escrow Arrangement: Include if an escrow mechanism is used for fund disbursement
1. Schedule 1 - Property Details: Detailed description of the property including lot number, address, and specifications
2. Schedule 2 - Loan Terms: Detailed loan terms including repayment schedule and interest calculations
3. Schedule 3 - Security Documents: List and copies of all security documents
4. Schedule 4 - Conditions Precedent Documents: List of all required documents and conditions to be satisfied
5. Schedule 5 - Payment Schedule: Detailed schedule of payments including installment amounts and due dates
6. Appendix A - Standard Form Documents: Templates for notices, payment instructions, and other standard forms
7. Appendix B - Property Plans: Floor plans and property specifications
8. Appendix C - Completion Requirements: Detailed checklist for completion requirements and procedures
Authors
Banking & Financial Services
Real Estate & Property Development
Legal Services
Construction & Development
Mortgage Services
Property Management
Financial Technology
Consumer Services
Legal
Compliance
Real Estate
Mortgage Services
Risk Management
Property Sales
Loan Operations
Documentation
Property Development
Contract Administration
Legal Counsel
Property Lawyer
Banking Lawyer
Mortgage Specialist
Real Estate Manager
Compliance Officer
Property Developer
Bank Manager
Loan Officer
Real Estate Agent
Contract Manager
Risk Manager
Property Sales Manager
Conveyancing Manager
Financial Services Director
Legal Documentation Specialist
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