The Deed of Sale with Special Power of Attorney is a specialized legal instrument used in the Netherlands when a property transfer requires representation by a designated attorney-in-fact. This document is particularly valuable when one party cannot personally attend the transfer, such as in international transactions or when dealing with corporate entities. The deed combines the essential elements of a standard property sale agreement with a carefully drafted power of attorney, ensuring compliance with Dutch civil law and notarial requirements. It typically includes detailed property descriptions, purchase terms, specific powers granted to the attorney-in-fact, and various warranties and representations. This document type is commonly used in both residential and commercial property transactions and requires notarial execution to be legally valid in the Netherlands.
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1. Parties: Identification of the Seller and Buyer with full legal names, addresses, and relevant registration numbers for legal entities
2. Background: Context of the sale and the reason for the power of attorney arrangement
3. Definitions: Definitions of key terms used throughout the deed
4. Property Details: Comprehensive description of the property including cadastral details, location, and registered encumbrances
5. Purchase Price: Specification of the purchase price, payment terms, and any deposits
6. Transfer of Ownership: Terms and conditions of the property transfer, including warranties and representations
7. Special Power of Attorney: Detailed specification of the powers being granted, including scope and duration
8. Attorney Obligations: Responsibilities and limitations of the attorney's powers
9. Seller's Warranties: Warranties regarding property title, encumbrances, and other relevant aspects
10. Completion Requirements: Conditions for completion of the sale and transfer
11. Notarial Declarations: Required notarial statements and confirmations
12. Governing Law: Confirmation of Dutch law application and jurisdiction
13. Execution: Formal execution block including notarial requirements
1. Environmental Provisions: Required when there are environmental issues or concerns with the property
2. Tenant Rights: Needed if the property is currently leased or has sitting tenants
3. Monument Status: Required for properties with protected monument status
4. Agricultural Provisions: Necessary for agricultural land transfers
5. Mortgage Details: Required when there is existing mortgage to be discharged
6. Third Party Rights: Required when there are third party rights affecting the property
7. Special Conditions: For any unique circumstances affecting the sale or power of attorney
1. Property Description Schedule: Detailed technical description of the property including maps and plans
2. Title Documents: List of relevant title documents and their contents
3. Cadastral Extract: Recent extract from the Land Registry
4. Power of Attorney Terms: Detailed terms and conditions of the power of attorney
5. Property Inventory: If applicable, list of items included in the sale
6. Environmental Reports: If applicable, environmental survey results or reports
7. Building Inspection Report: If applicable, technical inspection results of the property
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