Property Sell Agreement for the Netherlands

Property Sell Agreement Template for Netherlands

A Dutch Property Sale Agreement (koopovereenkomst) is a legally binding document that outlines the terms and conditions for the sale and purchase of real estate in the Netherlands. This agreement serves as the foundation for the subsequent notarial deed of transfer (leveringsakte) and must comply with Dutch civil law requirements. It includes detailed specifications of the property, purchase price, conditions of sale, warranties, and responsibilities of both parties. The document incorporates specific Dutch legal requirements such as the mandatory three-day cooling-off period for residential properties and the requirement for notarial execution of the final transfer.

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What is a Property Sell Agreement?

The Property Sale Agreement (koopovereenkomst) is a crucial document in Dutch real estate transactions, required whenever real property is bought or sold in the Netherlands. This agreement captures all essential elements of the property transaction, including detailed property description, price, conditions, and warranties, while ensuring compliance with Dutch civil law requirements. It serves as the preliminary agreement that leads to the final notarial deed of transfer (leveringsakte). The document is particularly important as it establishes legally binding obligations between parties and includes mandatory provisions such as the three-day cooling-off period for residential properties. It must be comprehensive enough to address all aspects of the transaction while remaining compliant with Dutch property law, consumer protection regulations, and notarial requirements.

What sections should be included in a Property Sell Agreement?

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

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

4. Property Description: Detailed description of the property including cadastral details, address, and included fixtures and fittings

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

6. Transfer of Ownership: Conditions and timing for the transfer of ownership via notarial deed

7. State of the Property: Current condition of the property and any known defects

8. Seller's Warranties: Standard warranties regarding ownership, encumbrances, and property condition

9. Buyer's Warranties: Warranties regarding financial capacity and intended use of the property

10. Transfer Date: Specified date for transfer of ownership and possession

11. Notary: Appointment of notary and arrangements for deed of transfer

12. Costs and Taxes: Allocation of transaction costs and transfer tax

13. Default and Termination: Consequences of breach and termination rights

14. Governing Law: Confirmation of Dutch law application and jurisdiction

What sections are optional to include in a Property Sell Agreement?

1. Mortgage Release: Required if the property has existing mortgage(s) that need to be discharged

2. Rental Situation: Include if the property is currently rented or has rental history

3. Environmental Clause: Required if there are known environmental issues or soil contamination

4. Monument Status: Include if the property is a listed building or monument

5. VvE (Owners Association): Required for apartments, including details of the owners association

6. Building Inspection: Include if a building inspection is a condition of sale

7. Financing Clause: Include if the purchase is subject to buyer obtaining financing

8. Asbestos Clause: Required for properties built before 1994

9. Ground Lease: Include if the property is subject to ground lease (erfpacht)

10. National Ground Bank: Include if the property falls under the Nationale Grondbak scheme

What schedules should be included in a Property Sell Agreement?

1. Schedule 1 - Property Details: Detailed cadastral information and property specifications

2. Schedule 2 - Fixtures and Fittings List: Itemized list of included and excluded items

3. Schedule 3 - Known Defects: List of known defects and maintenance issues

4. Schedule 4 - Recent Improvements: Details of any recent renovations or improvements

5. Schedule 5 - Planning Permissions: Copies of relevant planning permissions and permits

6. Appendix A - Property Plans: Floor plans and cadastral maps

7. Appendix B - Energy Label: Current energy performance certificate

8. Appendix C - VvE Documents: Owners association documents (if applicable)

9. Appendix D - Land Registry Extract: Recent extract from the Land Registry (Kadaster)

10. Appendix E - Building Inspection Report: Technical inspection report (if conducted)

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Legal Services

Financial Services

Property Development

Construction

Urban Planning

Banking

Insurance

Property Management

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Corporate Affairs

Acquisitions

Investment

Portfolio Management

Risk Management

Operations

Relevant Roles

Real Estate Lawyer

Property Lawyer

Notary

Real Estate Agent

Property Manager

Legal Counsel

Corporate Lawyer

Real Estate Developer

Property Transaction Manager

Compliance Officer

Real Estate Investment Manager

Property Acquisition Manager

Legal Director

Real Estate Portfolio Manager

Transaction Coordinator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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