Power of Attorney for Sale of Property

Power of Attorney for Sale of Hong Kong Property

Many Hong Kong residents who own local properties have recently entrusted lawyers to handle legally effective Power of Attorney due to immigration reasons. There are various types of Power of Attorney, such as those used for selling properties. 

The content of these documents specifically pertains to handling the procedures involved in selling properties. The main purpose is to authorize someone else to sign contracts and property deeds, as well as handle property redemption. From the perspective of the parties involved, the most important aspect is the collection of funds from the sale of the property. 

Most Common Conditions

The following are ten common conditions that may be included in a power of attorney for the sale of a property in Hong Kong:

1. Authorization: The power of attorney should clearly state that the principal authorizes the attorney to act on their behalf for the specific purpose of selling the property.

2. Scope of Authority: Specify the specific actions the attorney is authorized to take, such as signing contracts, transferring property deeds, and handling financial transactions related to the sale.

3. Property Details: Include detailed information about the property, such as the address, lot number, and other relevant details to ensure accuracy in the sale process.

4. Timeframe: Specify the duration of the power of attorney, indicating the start and end dates during which the attorney can act on behalf of the principal.

5. Bank Account for Sale Proceeds: Specify the bank account for payment of the sale proceeds.

6. Successor Attorney: In case the primary attorney is unable or unwilling to continue acting, the power of attorney can designate a successor attorney to take over the responsibilities.

7. Termination: Specify the conditions under which the power of attorney can be terminated, such as completion of the sale transaction, expiration of the agreed-upon timeframe, or revocation by the principal.

8. Confidentiality: Include a clause stating that the attorney must maintain confidentiality regarding any sensitive information or documents related to the sale.

9. Representations and Warranties: The attorney may be required to represent and warrant that they have the legal authority to act on behalf of the principal and that all information provided is accurate and complete.

10. Governing Law and Jurisdiction: Specify the governing law of the power of attorney and identify the jurisdiction that will have authority in case of any disputes.

It is important to note that the specific conditions and language in a power of attorney can vary depending on individual circumstances and the advice of legal professionals.

A Lawyer is Required

It is advisable to have the Power of Attorney prepared by a lawyer before leaving Hong Kong. Although it is possible to sign the document after leaving, it would require finding a Notary Public to witness the signature, which adds an additional step and takes more time, albeit at a relatively low cost.

These types of authorization documents are quite detailed. To ensure the accuracy of property information, such as the owner's name and property address, the lawyer will conduct a property search at the Land Registry on behalf of the client. As for fees, they are quite reasonable. Feel free to contact us via telephone or WhatsApp for further inquiries.
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