Agreement To Buy And Sell (Real Estate) for the Netherlands

Agreement To Buy And Sell (Real Estate) Template for Netherlands

A comprehensive legal document governed by Dutch law that formalizes the agreement between a seller and buyer for the transfer of real estate property in the Netherlands. This agreement outlines all essential aspects of the property transaction, including purchase price, property details, conditions for transfer, and specific requirements under Dutch property law. It incorporates mandatory elements required by Dutch civil code, including provisions for notarial deed execution, and addresses key aspects such as transfer of title, property conditions, and compliance with local regulations. The document serves as the foundation for the subsequent notarial deed of transfer.

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What is a Agreement To Buy And Sell (Real Estate)?

The Agreement To Buy And Sell (Real Estate) is a fundamental legal document used in Dutch property transactions to formalize the sale and purchase of real estate in the Netherlands. This document is essential whenever real property is being transferred between parties and must comply with specific requirements under Dutch law, including the Civil Code (Burgerlijk Wetboek). It serves as the preliminary agreement before the final notarial deed and covers crucial elements such as property description, purchase price, transfer conditions, warranties, and special provisions. The agreement must be comprehensive enough to address all aspects of the transaction while ensuring compliance with Dutch property law, including mandatory notarial involvement and registration requirements. It forms the basis for the subsequent formal transfer of ownership through a notarial deed.

What sections should be included in a Agreement To Buy And Sell (Real Estate)?

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and other relevant details

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

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

4. Property Description: Detailed description of the property including address, land registry details, size, and boundaries

5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements

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

7. Current State of the Property: Description of the property's condition, including known defects and warranties

8. Use of the Property: Current and permitted use of the property, including relevant zoning information

9. Transfer Date: Agreed date for transfer of ownership and possession

10. Notary: Designation of the notary and arrangements for the notarial deed

11. Due Diligence: Seller's obligations to provide documentation and buyer's investigation rights

12. Representations and Warranties: Statements and guarantees made by both parties

13. Risk and Insurance: Allocation of risk and insurance requirements until transfer

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

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

What sections are optional to include in a Agreement To Buy And Sell (Real Estate)?

1. Mortgage Contingency: Conditions related to the buyer obtaining mortgage financing, used when buyer requires financing

2. Building Inspection: Terms for conducting building inspections, used when buyer requests inspection rights

3. Rental Situations: Provisions regarding existing tenants, used when property is currently rented

4. Environmental Conditions: Specific provisions regarding soil quality and contamination, used for properties with potential environmental issues

5. Renovation/Construction: Terms regarding planned renovations or construction, used when property requires work

6. Monument Status: Special provisions for listed buildings or monuments, used for protected properties

7. Right of First Refusal: Provisions regarding municipality's right of first refusal, used when applicable

8. VvE (Owners Association): Provisions regarding apartment owners association, used for apartments/condominiums

9. Parking: Specific provisions for parking spaces or permits, used when parking is included

10. Agricultural Land: Special provisions for agricultural land, used when property includes farmland

What schedules should be included in a Agreement To Buy And Sell (Real Estate)?

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

2. Inventory List: List of included and excluded fixtures, fittings, and furniture

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

4. Environmental Reports: Soil quality reports and environmental investigations

5. Building Inspection Report: Technical inspection reports of the property

6. Energy Performance Certificate: Energy label and related documentation

7. VvE Documents: Relevant documentation from the owners association (for apartments)

8. Zoning Information: Current zoning status and permitted use documentation

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

10. Title Documents: Historical title deeds and relevant property documents

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

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Property Investment

Residential Housing

Commercial Property

Agriculture (for rural properties)

Retail

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Finance

Compliance

Risk Management

Investment

Asset Management

Operations

Corporate Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary

Property Developer

Investment Manager

Facility Manager

Real Estate Investment Analyst

Property Surveyor

Asset Manager

Commercial Director

Chief Financial Officer

Real Estate Portfolio Manager

Compliance Officer

Risk Manager

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What is a Agreement To Buy And Sell (Real Estate)?

What sections should be included in a Agreement To Buy And Sell (Real Estate)?

What sections are optional to include in a Agreement To Buy And Sell (Real Estate)?

What schedules should be included in a Agreement To Buy And Sell (Real Estate)?

Authors

Alex Denne

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