The Pre Sale Contract is a crucial document in Dutch property transactions, serving as the preliminary agreement between buyer and seller before the final transfer deed. It is used when parties have reached agreement on the essential elements of a property sale but need to formalize the terms before proceeding to completion. The document must comply with the Dutch Civil Code and includes mandatory provisions such as the three-day cooling-off period for residential buyers, financing conditions, and property inspection clauses. It typically precedes the final notarial deed of transfer and can be registered in the Land Registry (Kadaster) to protect the buyer's interests. This type of contract is essential in both residential and commercial property transactions in the Netherlands and forms the basis for the eventual transfer of ownership.
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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 transaction, including brief description of the property and parties' intention to enter into a pre-sale agreement
3. Definitions: Key terms used throughout the agreement, including Property, Purchase Price, Transfer Date, and other relevant terms
4. Object of Sale: Detailed description of the property including address, land registry details, size, and included fixtures and fittings
5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and escrow arrangements
6. Transfer of Ownership: Conditions and timing for the transfer of ownership, including notary selection and deed execution requirements
7. State of the Property: Current condition of the property, known defects, and warranties from the seller
8. Use of the Property: Current and permitted use of the property, including relevant zoning information
9. Transfer and Charges: Confirmation that the property will be transferred free of mortgages, attachments, and other encumbrances
10. Risks and Insurance: Assignment of risk before transfer and insurance requirements
11. Cooling-off Period: Statutory three-day cooling-off period for the buyer as required by Dutch law
12. Conditions Precedent: Conditions that must be met before the agreement becomes final, including financing and structural inspection conditions
13. Default and Remedies: Consequences of breach by either party and available remedies
14. Notices: How and where formal communications between parties should be sent
15. Governing Law: Confirmation that Dutch law governs the agreement and jurisdiction clause
16. Execution: Signature blocks for all parties and date of signing
1. Environmental Conditions: Section addressing any environmental issues or investigations, particularly relevant for commercial properties or properties in industrial areas
2. Rental Situation: Details of existing tenants and lease agreements, required if the property is currently rented
3. Monument Status: Special provisions relating to listed buildings or protected monuments, if applicable
4. VvE (Owners Association): Details about the homeowners association, mandatory for apartments or condominiums
5. Construction/Renovation: Specifications for properties under construction or requiring renovation
6. Agricultural Provisions: Special provisions for agricultural land or properties, including any relevant permits or quotas
7. Ground Lease: Terms and conditions related to ground lease if the property is not freehold
8. Business Assets: Details of any business assets included in the sale, relevant for commercial property transactions
1. Property Description Schedule: Detailed description of the property including cadastral maps and floor plans
2. Fixtures and Fittings List: Comprehensive list of items included and excluded from the sale
3. List of Known Defects: Detailed overview of known defects or maintenance issues
4. Environmental Reports: Any available environmental surveys or reports
5. Building Inspection Report: Technical inspection reports if already available
6. Energy Performance Certificate: Mandatory energy performance certificate (Energielabel)
7. Land Registry Extract: Recent extract from the Land Registry (Kadaster)
8. Zoning Information: Current zoning documentation and permitted use certificates
9. VvE Documents: Relevant homeowners association documents for apartments
10. Payment Schedule: Detailed schedule of payments including deposit and completion payment arrangements
Relevant legal definitions
Agreement
Property
Purchase Price
Deposit
Transfer Date
Completion Date
Notarial Deed
Transfer Deed
Notary
Cooling-off Period
Business Day
Completion Statement
Due Diligence
Encumbrances
Fixtures and Fittings
Ground Lease
Land Registry
Material Adverse Change
Mortgage
Notarial Transfer
Parties
Permitted Use
Purchase Documents
Registration
Seller's Warranties
Transfer
VAT
VvE (Owners Association)
Working Day
Zoning Plan
Cadastral Registration
Environmental Permits
Inspection Date
Municipality
Occupation Date
Public Registers
Settlement
Title Deed
Transfer Tax
Vormerkung
Property
Purchase Price
Deposit
Transfer Date
Completion Date
Notarial Deed
Transfer Deed
Notary
Cooling-off Period
Business Day
Completion Statement
Due Diligence
Encumbrances
Fixtures and Fittings
Ground Lease
Land Registry
Material Adverse Change
Mortgage
Notarial Transfer
Parties
Permitted Use
Purchase Documents
Registration
Seller's Warranties
Transfer
VAT
VvE (Owners Association)
Working Day
Zoning Plan
Cadastral Registration
Environmental Permits
Inspection Date
Municipality
Occupation Date
Public Registers
Settlement
Title Deed
Transfer Tax
Vormerkung
Clauses
Property Description
Purchase Price
Payment Terms
Transfer Conditions
Title Guarantee
Property Condition
Warranties and Representations
Cooling-off Period
Registration Rights
Risk and Insurance
Default and Remedies
Property Use
Environmental Compliance
Encumbrances
Inspection Rights
Financing Conditions
Due Diligence
Completion Requirements
Notarial Selection
Transfer Costs
Tax Provisions
Building Regulations
Dispute Resolution
Force Majeure
Assignment
Notices
Amendments
Severability
Entire Agreement
Governing Law
Municipality Requirements
Energy Performance
Construction Status
Zoning Compliance
Ground Lease Terms
VvE Provisions
Tenant Rights
Maintenance Obligations
Purchase Price
Payment Terms
Transfer Conditions
Title Guarantee
Property Condition
Warranties and Representations
Cooling-off Period
Registration Rights
Risk and Insurance
Default and Remedies
Property Use
Environmental Compliance
Encumbrances
Inspection Rights
Financing Conditions
Due Diligence
Completion Requirements
Notarial Selection
Transfer Costs
Tax Provisions
Building Regulations
Dispute Resolution
Force Majeure
Assignment
Notices
Amendments
Severability
Entire Agreement
Governing Law
Municipality Requirements
Energy Performance
Construction Status
Zoning Compliance
Ground Lease Terms
VvE Provisions
Tenant Rights
Maintenance Obligations
Relevant Industries
Real Estate
Construction
Banking & Finance
Legal Services
Property Development
Residential Housing
Commercial Property
Industrial Property
Agriculture
Retail
Hospitality
Healthcare
Relevant Teams
Legal
Real Estate
Compliance
Risk Management
Property Management
Business Development
Investment
Asset Management
Operations
Finance
Sales
Client Services
Relevant Roles
Real Estate Agent
Property Lawyer
Notary
Legal Counsel
Property Manager
Real Estate Developer
Mortgage Advisor
Contract Manager
Compliance Officer
Property Surveyor
Business Development Manager
Investment Manager
Asset Manager
Facilities Manager
Risk Manager
Transaction Manager
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