The Deed of Sale for Property (Koopakte) is a fundamental legal document in Dutch real estate transactions, required whenever real property changes ownership in the Netherlands. This document serves as the preliminary agreement that leads to the final transfer deed (leveringsakte) and must be executed before a civil law notary to be legally valid. It captures all essential aspects of the property transaction, including detailed property description, price, conditions, warranties, and obligations of both parties. The deed must comply with strict requirements under Dutch law, particularly the Civil Code (Burgerlijk Wetboek), and includes provisions for registration with the Land Registry (Kadaster). It's designed to protect both buyer and seller interests while ensuring transparency and legal certainty in property transactions.
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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 sale and brief description of the property transaction
3. Definitions: Definition of key terms used throughout the deed
4. Property Description: Detailed description of the property including cadastral details, address, and registered particulars
5. Purchase Price: Specification of the purchase price, payment terms, and deposit arrangements
6. Transfer of Ownership: Conditions and timing for the transfer of ownership (levering) via notarial deed
7. Current State of the Property: Description of the property's condition and any known defects
8. Seller's Warranties: Warranties regarding ownership, encumbrances, and property condition
9. Buyer's Warranties: Warranties regarding financial capacity and understanding of property condition
10. Transfer Tax and Costs: Allocation of transfer tax, notary fees, and other transaction costs
11. Risk Transfer: Timing and conditions for transfer of risk and insurance obligations
12. Default and Remedies: Consequences of breach and available remedies
13. Completion: Requirements and process for completion of the sale
14. Governing Law: Confirmation of Dutch law application and jurisdiction
15. Execution: Signature blocks and execution requirements
1. Mortgage Arrangements: Include when buyer requires mortgage financing, specifying conditions and deadlines
2. Rental Situations: Include when property is currently rented or has rental history
3. Environmental Provisions: Include when there are known environmental issues or specific soil conditions
4. Monument Status: Include when property is a listed building or monument
5. Building Inspection Clause: Include when buyer requests right to building inspection
6. Asbestos Clause: Include for properties built before 1994 where asbestos might be present
7. Ground Lease: Include when property is subject to ground lease (erfpacht)
8. Owners Association: Include for apartments or properties with shared facilities
9. Agricultural Provisions: Include for agricultural land or properties with agricultural designation
1. Property Plans: Cadastral maps and floor plans of the property
2. List of Fixtures and Fittings: Detailed inventory of items included/excluded in the sale
3. Land Registry Extract: Recent extract from the Kadaster showing ownership and encumbrances
4. Energy Performance Certificate: Current energy label and performance details
5. Environmental Reports: Soil quality reports and environmental assessments if applicable
6. Building Permits: Copies of relevant building permits and modifications
7. Property Photographs: Dated photographs documenting current condition
8. Maintenance History: Records of significant maintenance and improvements
9. Municipality Information: Relevant zoning and planning information
Relevant legal definitions
Property
Transfer Date
Completion Date
Purchase Price
Deposit
Deed of Transfer
Notarial Deed
Civil Law Notary
Kadaster
Transfer Tax
Fixtures and Fittings
Appurtenances
Encumbrances
Business Day
Completion Statement
Due Diligence Period
Environmental Law
Ground Lease
Land Registry Extract
Material Adverse Change
Mortgage
Notarial Account
Parties
Permitted Use
Purchase Agreement
Registration
Seller's Warranties
Title Deed
Transfer of Ownership
Zoning Plan
Building Permits
Energy Performance Certificate
Associated Rights
Defects
Insurance Policy
Monument Status
Owners Association
Pre-emption Rights
Property Charges
Requisite Approvals
Transfer Date
Completion Date
Purchase Price
Deposit
Deed of Transfer
Notarial Deed
Civil Law Notary
Kadaster
Transfer Tax
Fixtures and Fittings
Appurtenances
Encumbrances
Business Day
Completion Statement
Due Diligence Period
Environmental Law
Ground Lease
Land Registry Extract
Material Adverse Change
Mortgage
Notarial Account
Parties
Permitted Use
Purchase Agreement
Registration
Seller's Warranties
Title Deed
Transfer of Ownership
Zoning Plan
Building Permits
Energy Performance Certificate
Associated Rights
Defects
Insurance Policy
Monument Status
Owners Association
Pre-emption Rights
Property Charges
Requisite Approvals
Clauses
Property Description
Purchase Price and Payment
Transfer of Title
Warranties and Representations
Due Diligence
Property Condition
Registration
Environmental
Insurance
Costs and Taxes
Default and Remedies
Risk Transfer
Completion
Vacant Possession
Encumbrances
Municipal Provisions
Maintenance
Inspection Rights
Seller Declarations
Buyer Declarations
Property Use
Third Party Rights
Planning and Zoning
Liability
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Survival
Counterparts
Purchase Price and Payment
Transfer of Title
Warranties and Representations
Due Diligence
Property Condition
Registration
Environmental
Insurance
Costs and Taxes
Default and Remedies
Risk Transfer
Completion
Vacant Possession
Encumbrances
Municipal Provisions
Maintenance
Inspection Rights
Seller Declarations
Buyer Declarations
Property Use
Third Party Rights
Planning and Zoning
Liability
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Survival
Counterparts
Relevant Industries
Real Estate
Legal Services
Banking and Finance
Construction
Insurance
Public Sector
Property Development
Agriculture
Retail
Hospitality
Industrial
Commercial Property
Relevant Teams
Legal
Real Estate
Property Management
Facilities
Finance
Risk and Compliance
Corporate Services
Operations
Investment
Business Development
Administrative Support
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Civil Law Notary
Legal Counsel
Mortgage Advisor
Property Developer
Asset Manager
Facilities Manager
Real Estate Investment Manager
Property Surveyor
Commercial Director
Real Estate Portfolio Manager
Risk Manager
Compliance Officer
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