The Forward Purchase Agreement (Real Estate) is a crucial document in Dutch property development and investment transactions, used when a purchaser commits to buying a property that is yet to be constructed or is under construction. This agreement type is particularly common in commercial real estate development, where investors seek to secure future assets while they're still in development phase. The document comprehensively addresses both the property acquisition and construction aspects, incorporating Dutch legal requirements for real estate transfers, construction regulations, and environmental compliance. It typically includes detailed provisions for construction specifications, quality requirements, completion conditions, and risk allocation during the development period. The agreement is essential for development projects where the eventual owner is different from the developer, providing certainty for both parties while ensuring compliance with Dutch real estate and construction law.
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1. Parties: Identification of Seller and Purchaser, including registration details
2. Background: Context of the transaction, including property details and development status
3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents
4. Sale and Purchase: Core transaction terms including property description and purchase price
5. Conditions Precedent: Prerequisites for completion, including permits, approvals, and technical requirements
6. Interim Period Obligations: Parties' obligations between signing and completion, including construction/development requirements
7. Construction and Development: Specifications, timeline, quality requirements, and supervision rights
8. Price and Payment: Purchase price, payment schedule, and adjustments
9. Completion: Transfer mechanics, timing, and deliverables
10. Warranties: Seller's warranties regarding property, construction, and development
11. Risk and Insurance: Risk allocation and required insurance coverage
12. Default and Remedies: Consequences of breach and available remedies
13. Termination: Termination rights and consequences
14. General Provisions: Standard boilerplate including notices, assignments, amendments
1. Environmental Provisions: Detailed environmental obligations and warranties, required if property has potential environmental issues
2. Tenant Provisions: Required if property is subject to existing or pre-agreed lease arrangements
3. Financing Cooperation: Include when purchaser requires seller's cooperation for transaction financing
4. Property Management: Include when agreement covers interim property management arrangements
5. VAT Treatment: Detailed VAT provisions required for new properties or specific VAT arrangements
6. Post-Completion Works: Include when certain works will continue after completion
7. Pre-emption Rights: Required if municipality or others have pre-emption rights
1. Property Description: Detailed legal and technical description of the property
2. Construction Specifications: Detailed technical specifications and quality requirements
3. Payment Schedule: Detailed breakdown of payment installments and triggers
4. Form of Transfer Deed: Template deed of transfer for completion
5. Warranties: Detailed list of seller's warranties
6. Construction Timeline: Detailed construction/development schedule with milestones
7. Planning Permissions: Copies of relevant permits and permissions
8. Technical Due Diligence Reports: Results of technical surveys and inspections
9. Environmental Reports: Environmental surveys and remediation plans if applicable
10. Building Plans: Architectural and technical drawings
11. List of Deliverables: Detailed list of documents required for completion
Relevant legal definitions
Agreement
Applicable Laws
Architect
Bank Guarantee
Building Contractor
Building Contract
Building Permit
Business Day
Completion
Completion Date
Conditions Precedent
Construction Documents
Construction Period
Construction Schedule
Construction Specifications
Defects
Development
Environmental Laws
Environmental Permits
Final Completion Certificate
Force Majeure
Forward Purchase Price
Good Industry Practice
Governmental Authority
Guarantee Period
Insurance Policies
Interim Payment
Land
Long Stop Date
Material Adverse Change
Municipality
Notary
Notarial Deed of Transfer
Notice
Occupation Certificate
Party/Parties
Payment Schedule
Permits
Property
Property Description
Purchase Price
Purchaser
Quality Certificate
Registration
Relevant Authority
Required Consents
Seller
Specifications
Target Completion Date
Technical Advisor
Technical Requirements
Title Deed
Transfer
Transfer Date
VAT
Warranties
Works
Zoning Plan
Applicable Laws
Architect
Bank Guarantee
Building Contractor
Building Contract
Building Permit
Business Day
Completion
Completion Date
Conditions Precedent
Construction Documents
Construction Period
Construction Schedule
Construction Specifications
Defects
Development
Environmental Laws
Environmental Permits
Final Completion Certificate
Force Majeure
Forward Purchase Price
Good Industry Practice
Governmental Authority
Guarantee Period
Insurance Policies
Interim Payment
Land
Long Stop Date
Material Adverse Change
Municipality
Notary
Notarial Deed of Transfer
Notice
Occupation Certificate
Party/Parties
Payment Schedule
Permits
Property
Property Description
Purchase Price
Purchaser
Quality Certificate
Registration
Relevant Authority
Required Consents
Seller
Specifications
Target Completion Date
Technical Advisor
Technical Requirements
Title Deed
Transfer
Transfer Date
VAT
Warranties
Works
Zoning Plan
Clauses
Parties and Definitions
Sale and Purchase
Purchase Price
Payment Terms
Conditions Precedent
Due Diligence
Construction Obligations
Development Requirements
Quality Standards
Technical Specifications
Planning and Zoning
Environmental Compliance
Permits and Consents
Insurance
Risk Transfer
Warranties and Representations
Title and Ownership
Property Transfer
Completion Mechanics
Default and Remedies
Force Majeure
Termination
Liability and Indemnification
Confidentiality
Notices
Assignment
Amendments
Governing Law
Dispute Resolution
Time of the Essence
Entire Agreement
Severability
Further Assurance
Costs and Taxes
VAT
Registration Requirements
Third Party Rights
Property Management
Defects Liability
Post-Completion Works
Bank Guarantees
Security Provisions
Sale and Purchase
Purchase Price
Payment Terms
Conditions Precedent
Due Diligence
Construction Obligations
Development Requirements
Quality Standards
Technical Specifications
Planning and Zoning
Environmental Compliance
Permits and Consents
Insurance
Risk Transfer
Warranties and Representations
Title and Ownership
Property Transfer
Completion Mechanics
Default and Remedies
Force Majeure
Termination
Liability and Indemnification
Confidentiality
Notices
Assignment
Amendments
Governing Law
Dispute Resolution
Time of the Essence
Entire Agreement
Severability
Further Assurance
Costs and Taxes
VAT
Registration Requirements
Third Party Rights
Property Management
Defects Liability
Post-Completion Works
Bank Guarantees
Security Provisions
Relevant Industries
Real Estate
Construction
Property Development
Commercial Property
Residential Property
Industrial Property
Retail Property
Hospitality
Healthcare
Education
Infrastructure
Urban Development
Relevant Teams
Legal
Real Estate
Development
Investment
Construction
Finance
Risk Management
Compliance
Technical Services
Property Management
Asset Management
Project Management
Facilities Management
Relevant Roles
Real Estate Director
Development Manager
Investment Manager
Legal Counsel
Construction Manager
Property Manager
Asset Manager
Project Manager
Risk Manager
Technical Director
Finance Director
Acquisition Manager
Portfolio Manager
Facilities Manager
Compliance Officer
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