Real Estate Contract for the Netherlands

Real Estate Contract Template for Netherlands

A comprehensive legal agreement governed by Dutch law that facilitates the transfer of real estate property ownership in the Netherlands. This document adheres to the requirements of the Dutch Civil Code (Burgerlijk Wetboek) and incorporates mandatory provisions for property transactions under Dutch law. It details the terms and conditions of the sale, including property description, purchase price, transfer conditions, warranties, and responsibilities of both parties. The contract must be executed through a Dutch notary and includes provisions for registration with the Land Registry (Kadaster).

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What is a Real Estate Contract?

The Real Estate Contract (Koopovereenkomst) is a fundamental legal document used in the Netherlands for property transactions between parties. It serves as the primary agreement documenting the sale and purchase of real estate property, whether residential, commercial, or industrial. The document must comply with Dutch Civil Code requirements and includes mandatory elements such as property details, purchase price, transfer conditions, and parties' obligations. This contract requires execution before a Dutch notary and subsequent registration with the Land Registry (Kadaster). It's essential for protecting both parties' interests and ensuring legal compliance in property transactions. The document typically precedes the notarial deed of transfer (leveringsakte) and may include conditions regarding financing, technical inspection, and specific Dutch property law requirements.

What sections should be included in a Real Estate Contract?

1. Parties: Identification of the seller and buyer with full legal names, addresses, and registration details if applicable

2. Background: Context of the transaction 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 registered particulars as per Land Registry

5. Purchase Price: Specified purchase price, payment terms, and deposit requirements

6. Transfer of Ownership: Conditions and process for legal transfer (levering) through notarial deed

7. Condition of the Property: Current state of the property and any known defects

8. Use of Property: Current and permitted use of the property

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

10. Seller's Warranties: Warranties regarding ownership, encumbrances, and property condition

11. Buyer's Warranties: Warranties regarding financial capacity and intended use

12. Notary: Designation of the notary and notarial requirements

13. Costs and Taxes: Allocation of transaction costs and applicable taxes

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

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

16. Execution: Signature blocks and execution requirements

What sections are optional to include in a Real Estate Contract?

1. Mortgage Contingency: Conditions related to buyer's financing requirements, used when buyer requires mortgage financing

2. Building Inspection: Terms for technical inspection of the property, used when buyer requests inspection period

3. Environmental Provisions: Specific provisions regarding environmental issues, used when property has potential environmental concerns

4. Rental Provisions: Terms regarding existing tenants, used when property is currently rented

5. Renovation Agreements: Specific agreements about permitted renovations, used when buyer plans immediate renovations

6. Monument Status: Special provisions for listed buildings, used when property is a protected monument

7. Ground Lease: Terms related to ground lease (erfpacht), used when property is not freehold

8. Owners Association: Provisions regarding apartment rights and owners association (VvE), used for apartments

9. Agricultural Provisions: Special terms for agricultural land, used when property includes agricultural land

What schedules should be included in a Real Estate Contract?

1. Property Details: Detailed description of property including floor plans and cadastral maps

2. List of Inclusions: Inventory of items included in the sale

3. List of Exclusions: Inventory of items explicitly excluded from the sale

4. Known Defects: Detailed list of known defects and maintenance issues

5. Environmental Reports: Copies of environmental surveys or reports

6. Zoning Documentation: Current zoning certificates and permitted use documentation

7. Energy Performance Certificate: Mandatory energy performance certificate (Energielabel)

8. VvE Documentation: Owners association documents if applicable

9. Property Tax Statements: Recent property tax assessments and payments

10. Land Registry Extract: Recent extract from the Land Registry (Kadaster)

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

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Construction

Banking & Finance

Legal Services

Property Development

Property Management

Hospitality

Retail

Industrial

Agriculture

Commercial Office

Residential Housing

Relevant Teams

Legal

Real Estate

Facilities

Compliance

Risk Management

Property Management

Asset Management

Investment

Operations

Finance

Development

Acquisitions

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary

Legal Counsel

Property Developer

Asset Manager

Facilities Manager

Investment Manager

Real Estate Broker

Compliance Officer

Risk Manager

Property Surveyor

Real Estate Investment Analyst

Portfolio Manager

Transaction Manager

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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