買樓撻訂點賠 ???

1: if the owner is not there, how can he sign on the contract? Anyway, even the owner signs the contract beforehand, the property agent has to duty to witness. You can check the property register to verify the owner's name and capacity.

http://www.landreg.gov.hk/tc/services/services_b.htm

2: Normally, you could obtain a pre-approval of mortgage from a bank, even before you sign on the Provisional Agreement for Sale and Purchase. Otherwise, you can specify a later Completion Date, so that you could have plenty of time to apply for mortgage from different banks

3: Ditto. Actually once you have paid the 大訂, you have already signed on the Formal Agreement for Sale and Purchase. That means it is 必買必賣. You loss is not limit to the 大訂, but the actual loss of the owner. On the other hands, contract is a mutual agreement. You could discuss with the owner for alternative arrangement, such as delay the completion date. Another method is 摸貨. You can resale the property before the completion date to others as a confirmor.

http://www.midland.com.hk/agency/chi/campus/bcourse/mustread/part3/3h21i.shtml

4: The loss would be the initial deposit 小訂, as well as the commission to the property agent for the owner.

5: For 臨約內容, please refer to Monograph : Conveyancing by EAA

http://www.eaa.org.hk/publications/ch_pub_conveyancing.htm

2009-02-28 11:32:19 補充：
必買必賣 implies the Formal Agreement for Sale and Purchase has been formed. The cost of breach of contract would be the actual loss of the owner and the commission to the property agent for the owner. It is unlimited to the 大訂.

2009-02-28 11:35:35 補充：
If the purchaser fails to complete according to the formal agreement, the vendor will have the following remedies:

a. All the deposits paid by the purchaser (usually not exceeding 10% of the price) will be absolutely forfeited to the vendor;

b. The vendor will be entitled to rescind the sale;

2009-02-28 11:36:05 補充：
c. The vendor may resell the property;

d. If the price on resale by the vendor is lower than the price stated in the formal agreement, the purchaser shall be liable for the deficiency in price arising from the resale and all incidental expenses;

2009-02-28 11:36:20 補充：
e. Any increase in price on resale shall belong to the vendor;

f. The vendor is entitled to register at the Land Registry a memorandum signed by the vendor alone to rescind the sale and to vacate the registration of the formal agreement; and

2009-02-28 11:36:29 補充：
g. The vendor may claim against the purchaser for any other damages caused by the purchaser's failure to complete.

http://www.eaa.org.hk/publications/ch_pub_conveyancing3.htm

2009-02-28 11:36:34 補充：
是否所有臨約都係一式一樣 ?

No. But it is a norm to use the standard Provisional Agreement for Sale and Purchase. This is because the standard Provisional Agreement for Sale and Purchase was drafted by the industry, and is not bais to either side. It would be fair to both the vendor and the purchaser.

1:業主在場會比較好，因為要講價及尚有屋內問題同業主king，例如有否電器！
2:係要付大訂後才会知銀行批唔批，唔係14天內銀行通知批唔批！所以要有足夠的錢付大訂！
3:業主沒收大訂，即樓價10%，同時支付雙方地產佣金及律師費！另外例如賣比你100万，撻訂，跟住業主賣了90万，少左10万，業主有權再向你討回10万元！

4:業主沒收小訂，及同時支付雙方地產佣金及律師費！
5:基本上所有臨約都係一式一樣！冇特別，只要不要輕易答應其他對方要求的條件，
6:必買必賣是指付大訂后，賠償太大，通常，不会撻訂，所以必定要買，必定要賣，