Agreement Between Buyer And Seller Of Property for the Netherlands

Agreement Between Buyer And Seller Of Property Template for Netherlands

A comprehensive legal agreement governed by Dutch law that facilitates the transfer of property ownership from seller to buyer. This document, required under the Dutch Civil Code (Burgerlijk Wetboek), establishes the terms and conditions of the property sale, including purchase price, transfer conditions, warranties, and responsibilities of both parties. It incorporates specific Dutch legal requirements such as notarial deed execution, transfer tax considerations, and mandatory cooling-off periods for residential properties. The agreement serves as the foundation for the property transfer process and must be executed before a Dutch notary to effectuate the legal transfer of ownership.

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What is a Agreement Between Buyer And Seller Of Property?

The Agreement Between Buyer And Seller Of Property is a fundamental legal document used in Dutch property transactions to formalize the sale and transfer of real estate. This agreement is essential for any property transaction in the Netherlands and must comply with specific requirements under Dutch law, particularly the Civil Code (Burgerlijk Wetboek). It is used whenever real property is being transferred, whether residential or commercial, and must be executed in notarial form to be legally valid. The document includes crucial elements such as property description, purchase price, transfer conditions, warranties, and specific Dutch legal requirements like transfer tax provisions and, for residential properties, the mandatory cooling-off period. It serves as the basis for the notarial deed of transfer (leveringsakte) and protects both parties' interests by clearly defining their rights and obligations in the transaction.

What sections should be included in a Agreement Between Buyer And Seller Of Property?

1. Parties: Identification and details of the Seller and Buyer, including full legal names, addresses, and registration numbers if applicable

2. Background: Context of the sale and brief description of the property transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including address, land registry details, dimensions, and cadastral information

5. Purchase Price: Specified purchase price, payment terms, deposit requirements, and payment schedule

6. Transfer of Ownership: Conditions and process for legal transfer of the property, including notarial requirements

7. Seller's Warranties: Warranties regarding property ownership, absence of encumbrances, and property condition

8. Property Condition: Current state of the property, known defects, and 'as is' provisions

9. Transfer Date: Specified date for property transfer and key handover

10. Costs and Taxes: Allocation of transfer costs, taxes, and notary fees

11. Risk Transfer: Timing and conditions of risk transfer from seller to buyer

12. Default and Remedies: Consequences of breach and available remedies

13. Governing Law: Confirmation of Dutch law application and jurisdiction

14. Signing: Execution clauses and signature blocks

What sections are optional to include in a Agreement Between Buyer And Seller Of Property?

1. Mortgage Conditions: Required when buyer needs mortgage financing to complete the purchase

2. Tenant Rights: Required when the property is currently leased or has sitting tenants

3. Environmental Provisions: Required when there are environmental issues or soil contamination concerns

4. Monument Status: Required for properties with protected historical status

5. Apartment Rights: Required for apartments, including provisions about owners' association

6. Agricultural Provisions: Required for agricultural land or properties with farming rights

7. Building Permit Conditions: Required when property includes incomplete construction or pending permits

8. Right of First Refusal: Required when there are existing rights of first refusal

9. Easements: Required when specific easements affect the property

What schedules should be included in a Agreement Between Buyer And Seller Of Property?

1. Property Details: Detailed technical description of the property, including floor plans and measurements

2. List of Inclusions: Inventory of items included in the sale (fixtures, fittings, appliances)

3. List of Exclusions: Inventory of items explicitly excluded from the sale

4. Land Registry Extract: Recent extract from the Dutch Land Registry (Kadaster)

5. Energy Performance Certificate: Current energy performance certificate (energielabel)

6. Building Inspection Report: Technical inspection report if conducted

7. Environmental Reports: Soil quality reports and environmental assessments if applicable

8. Planning Documents: Relevant zoning and planning documentation

9. Property Photos: Dated photographs documenting the property's condition

10. Payment Schedule: Detailed schedule of payments including deposit and completion payment

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Contract to Sell

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Residential Property

Commercial Property

Legal Services

Financial Services

Construction

Property Development

Property Management

Banking

Insurance

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Acquisitions

Due Diligence

Compliance

Contract Administration

Asset Management

Investment

Operations

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary

Legal Counsel

Property Developer

Asset Manager

Transaction Manager

Real Estate Investment Manager

Compliance Officer

Due Diligence Specialist

Property Acquisitions Manager

Real Estate Portfolio Manager

Contract Manager

Legal Operations Manager

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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