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Tripartite Agreement For Home Loan Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Tripartite Agreement For Home Loan is a crucial document used in Hong Kong's property financing landscape when a purchaser requires bank financing to acquire property from a developer or seller. This agreement is particularly important in Hong Kong's complex real estate market, where property transactions often involve significant financing and require careful coordination between multiple parties. The document outlines the loan terms, property details, payment mechanisms, and security arrangements, while ensuring compliance with Hong Kong's Banking Ordinance, Conveyancing and Property Ordinance, and other relevant regulations. It is commonly used for both completed properties and under-construction developments, providing a legally binding framework that protects the interests of all three parties: the borrower, the bank, and the property developer/seller. The agreement includes specific provisions for loan disbursement, property handover, and default scenarios, tailored to Hong Kong's unique property market requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





















































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Relevant Industries

Banking & Financial Services

Real Estate & Property Development

Legal Services

Construction & Development

Mortgage Services

Property Management

Financial Technology

Consumer Services

Relevant Teams

Legal

Compliance

Real Estate

Mortgage Services

Risk Management

Property Sales

Loan Operations

Documentation

Property Development

Contract Administration

Relevant Roles

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

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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