Step Five: Deed Execution: Assignment for Transfer of Title
Once you are satisfied that the title is in order you will sign an assignment with the seller with the arrangement by your lawyer. An assignment is a deed which helps to transfer the property's title to you. You arrange for payment by arranging financing.
Step Six: Transfer the Funds
Purchase price is paid by cheques drawn at your lawyer's bank account. Your lawyer will arrange with you to make sure that your money is available in their account to pay for you by their cheques. The safest thing is pay your lawyer the money several days before the completion date to enable clearance of the fund. This is extremely important in Hong Kong because non-payment before the agreed completion time on the completion date will mean your breach of the agreement. Breach will result in loss of the deposit and a seller's claim for other losses. When your lawyer has paid the purchase price for you in full to the seller, the seller will send the keys of the property to your lawyer to enable you to take possession of it.
Step Seven: Register the Assignment at the Land Registry
Your lawyer will do this for you in order to protect your interest in the property. Once the registration process is completed, your lawyers will give you the registered deeds and the property will be yours. In case your purchase is financed by a bank's mortgage, the registered deeds will be passed to the bank for their custody as a lending security.
Transaction Costs: Commission and Legal Cost
Real estate agent commissions typically 1% of the price and are paid by the seller and the buyer each. The legal fee to your lawyer is by agreement. There is no standard fee. Agree the fee with your lawyer before you appoint them to deal with the conveyance. The buyer must pay the expenses registering the new deeds. The amount is fixed by the Government. For example, it is $500 to register a mortgage deed. The same fee amount applies to an assignment.
Government Tax: Stamp Duty
You have to pay the Government stamp duty on the transaction. Please note that foreign buyers have to pay additional stamp duty. If you let a property to a tenant, you have to pay the property tax on the rental income. However, there is no capital tax in Hong Kong.
It is easy to get a mortgage in Hong Kong if you have an income. Local financing is widely available for foreign residents. Many banks in Hong Kong are extremely active in the mortgage loan markets. They offer terms to home buyers with competitive rates. The loan term can be as long as up to 25 years.
Our Conveyancing Team
Our conveyancing legal team stands ready to assist you in completing the title acquisition of the property you intend to purchase. We have extensive experience and skill sets on dealing with purchase of houses, apartments, commercial properties such as offices and factories.