legal advice - buying a house

another non-legal perspective, but just want to say I agree with Oldhand. The purpose of requiring these documents etc now is to save you major problems later. If you really want this house, offer an extension but don't budge on the requirement that everything be 110% as holdhand says. My guess is that if they're not forthcoming with answers and supply of missing documents, the truth is that there really is some sort of problem and they were hoping to find some stupid (gullible) buyer that would accept a defective title. If they can't produce the documents, your ability to transfer later would be affected and this would clearly affect market value -- if you think you can't live without this place, you could always withdraw but counter offer at a price that more closely approximates market value of an un-marketable property! But remember, there really is ALWAYS another house, and you really don't need the headache. If there are serious flaws with the title to this one, it is very much best to walk away with your wallet intact.

Similar non-legal comments. Only pay what it is worth. If title is defective (don't 99% of properties in HK have some potential defect?), then make sure you only pay for the risk you take on. I think you need to push the lawyers to find out the true defects - keep in mind that the clock keeps ticking as they research what the probs are. When I did my own research (as was not confident of their findings), found out that the thinking of a mega-firm (one of the best in town) was only 20 years out of date. So did the work for them to enable the title to be confirmed, in the fashion that title is confirmed in HK. Likely you need to know what level of risk the bank will take on, that is the ultimate decider. If they are uncomfortable they will not give you a mortgage. Of course, if you have cash you need to work out for yourself what level of risk you can accept, or simply move on.


As for agent's fees, they implicitly said the place had good title, no way would you pay them full price. I think from my experience that you could push and not pay anything, though you may offer something for their trouble.


And it takes so long to confirm because of your lawyers, they should have got on to it immediately. Of course the seller ain't going to tell you.


The system is up for change - ask your lawyers why it hasn't changed (off the clock of course). I suspect it could be cause lawyers lose a lot of work. I think a registration system guarantees title in most cases i.e. you can use a non-lawyer for purchases as defects easy to know about.

Lots of time in book stores and online, the talked with friends who were in related industries. The issue was quite specific.


Are you getting a mortgage? Will the bank give it or has title not been proven to their satisfaction? That was the ultimate test I used, once the bank was okay (remember your lawyer acts for the bank on this).


I would clarify immediately where you stand with your lawyers and what are the implications if you do not proceed (on the basis that clear title has not be proven), including costs (legal and agent).