Bilateral Contract (Real Estate) for the Netherlands

Bilateral Contract (Real Estate) Template for Netherlands

This document is a standardized bilateral real estate contract governed by Dutch law, specifically designed for property transactions in the Netherlands. It incorporates all essential elements required under the Dutch Civil Code (Burgerlijk Wetboek) and includes mandatory provisions for property transfer through a notary. The contract addresses key aspects such as property description, purchase price, transfer conditions, warranties, and risk allocation, while ensuring compliance with Dutch property registration requirements and notarial law. It includes specific provisions for both residential and commercial properties, incorporating necessary consumer protection elements where applicable.

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What is a Bilateral Contract (Real Estate)?

This Bilateral Contract (Real Estate) is the primary document used for property transactions in the Netherlands, essential for both residential and commercial property transfers. It serves as a legally binding agreement between buyer and seller, incorporating all requirements under Dutch law, including mandatory notarial involvement. The document is structured to comply with Books 3, 5, and 7 of the Dutch Civil Code (Burgerlijk Wetboek) and includes provisions for property description, purchase price, transfer conditions, warranties, and risk allocation. It's designed to protect both parties' interests while ensuring smooth property transfer through the Dutch land registry system (Kadaster). The contract can be customized for various property types, from residential homes to commercial buildings, and includes optional provisions for specific situations such as mortgage arrangements or existing tenancies.

What sections should be included in a Bilateral Contract (Real Estate)?

1. Parties: Identification of seller and buyer with full legal names, addresses, and registration details if applicable

2. Background: Context of the transaction and brief property history

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

4. Property Description: Detailed description of the property including cadastral details, address, and registered particulars

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

6. Transfer Conditions: Conditions for legal transfer including timing and notarial requirements

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

8. Use of Property: Current and permitted use of the property

9. Transfer of Rights and Obligations: Details of rights and obligations being transferred with the property

10. Risk and Insurance: Allocation of risk and insurance requirements before and after transfer

11. Seller's Warranties: Warranties provided by the seller regarding the property

12. Buyer's Warranties: Warranties provided by the buyer regarding financing and intended use

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

14. Costs and Taxes: Allocation of transaction costs and applicable taxes

15. Notices: Process for formal communications between parties

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

17. Execution: Signature blocks and execution requirements

What sections are optional to include in a Bilateral Contract (Real Estate)?

1. Mortgage Arrangements: Details of mortgage requirements and arrangements - include when buyer requires mortgage financing

2. Rental Situation: Details of existing tenancies - include when property is currently rented

3. Environmental Provisions: Specific environmental considerations or obligations - include when property has environmental issues

4. Planning and Zoning: Specific planning or zoning requirements - include when property development is intended

5. Fixtures and Fittings: List of items included/excluded from sale - include when specific items need clarification

6. Building Inspection: Requirements and consequences of building inspection - include when inspection is a condition

7. Agricultural Provisions: Specific provisions for agricultural land - include when property includes agricultural land

8. Monument Status: Special requirements for listed buildings - include when property is a protected monument

9. Ground Lease: Terms of existing ground lease - include when property is subject to ground lease

10. Energy Performance: Energy performance requirements and certificates - include when required by regulations

What schedules should be included in a Bilateral Contract (Real Estate)?

1. Property Plans: Cadastral maps and floor plans of the property

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

3. List of Fixtures and Fittings: Detailed inventory of items included in the sale

4. Environmental Reports: Any environmental surveys or soil investigation reports

5. Building Inspection Report: Technical survey of the property's condition

6. Energy Performance Certificate: Current energy performance certificate

7. Planning Documents: Relevant zoning and planning documentation

8. Photographs: Current photographs of the property and any defects

9. Insurance Certificates: Copies of relevant insurance documentation

10. Historical Documentation: Relevant historical documents for listed buildings

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

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Free to use

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Real Estate Lawyer

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Non Binding Contract

A Dutch law-governed non-binding contract outlining parties' intentions and proposed terms for future cooperation without creating legal obligations.

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What is a Bilateral Contract (Real Estate)?

What sections should be included in a Bilateral Contract (Real Estate)?

What sections are optional to include in a Bilateral Contract (Real Estate)?

What schedules should be included in a Bilateral Contract (Real Estate)?

Authors

Alex Denne

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