As Is Residential Contract For Sale And Purchase Template for Netherlands

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Key Requirements PROMPT example:

As Is Residential Contract For Sale And Purchase

I need an As Is Residential Contract For Sale And Purchase for a freestanding house in Amsterdam, with completion scheduled for March 15, 2025, including specific provisions for a pre-sale building inspection and mortgage contingency clause.

Document background
The As Is Residential Contract For Sale And Purchase is a specialized agreement used in the Netherlands for residential property transactions where the buyer agrees to accept the property in its current condition. This document is particularly relevant when selling older properties or those with known issues, while still maintaining compliance with Dutch consumer protection laws. It includes mandatory elements required by Dutch property law, such as the three-day cooling-off period, notarial deed requirements, and specific disclosures about property condition. The contract balances the 'as is' nature of the sale with mandatory seller warranties that cannot be excluded under Dutch law. It's designed to protect both parties while clearly establishing the limited nature of the seller's warranties and the buyer's acceptance of the property's current state.
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and marital status as required under Dutch law

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

3. Definitions: Definitions of key terms used throughout the agreement, including Dutch legal terminology

4. Object of Sale: Detailed description of the property including cadastral details, size, and registered address as per Dutch land registry

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

6. As Is Provisions: Explicit statements regarding the as-is nature of the sale and limitation of seller's warranties

7. Transfer of Ownership: Process and requirements for legal transfer through notarial deed (leveringsakte)

8. Transfer Date: Specified date for transfer at the notary's office

9. Current State of the Property: Description of known defects and current condition

10. Seller's Warranties: Limited warranties required by law that cannot be excluded even in as-is sales

11. Buyer's Acceptance of Condition: Explicit acknowledgment of property condition and as-is purchase

12. Property Use and Occupancy: Current and permitted use of the property

13. Risk Transfer: Timing and conditions of risk transfer to the buyer

14. Default Provisions: Consequences of breach by either party

15. Cooling-off Period: Statutory three-day reflection period for the buyer

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

17. Signatures: Execution blocks for all parties

Optional Sections

1. Mortgage Contingency: Conditions related to buyer's financing, used when buyer requires mortgage financing

2. Building Inspection: Terms for conducting building inspection, if agreed despite as-is nature

3. Environmental Provisions: Specific provisions regarding known environmental issues or soil contamination

4. Rental Situations: Provisions regarding existing tenants, if property is currently rented

5. Monument Status: Special provisions if property is a listed monument or in protected area

6. VvE (Owners Association): Provisions regarding apartment owners association if property is an apartment

7. Parking Provisions: Details of parking rights or permits if separate from main property

8. Ground Lease: Terms related to ground lease if property is not freehold

9. Registration: Provisions for pre-registration of the agreement in public registers if desired

Suggested Schedules

1. Property Details Schedule: Comprehensive description of property including all fixtures and fittings

2. List of Excluded Items: Items specifically excluded from the sale

3. Known Defects Report: Detailed list of known defects and current damage

4. Energy Performance Certificate: Mandatory energy label documentation

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

6. VvE Documentation: Relevant apartment owners association documents if applicable

7. Environmental Reports: Any available environmental or soil reports

8. Property Photographs: Documentary photographs of property condition at time of sale

9. Building Plans: Available architectural plans or building drawings

10. Zoning Documentation: Current zoning status and permitted use documentation

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Residential Property

Legal Services

Financial Services

Construction

Property Development

Banking

Insurance

Public Sector

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Property Management

Sales

Contract Administration

Document Management

Transaction Support

Investment

Due Diligence

Relevant Roles

Real Estate Agent

Property Lawyer

Notary

Property Manager

Mortgage Advisor

Legal Counsel

Contract Manager

Property Developer

Real Estate Investment Manager

Risk Manager

Compliance Officer

Property Surveyor

Building Inspector

Real Estate Transaction Coordinator

Property Portfolio 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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