The Real Estate Sales Contract (koopovereenkomst) is a fundamental legal document used in the Netherlands for property transactions. It serves as the primary agreement between parties for the transfer of real estate ownership, whether residential or commercial. This document is essential in Dutch property law and must be formalized through a notarial deed for the transfer to be legally valid. The contract includes critical elements required by Dutch legislation such as property details, purchase price, transfer conditions, and specific clauses addressing local legal requirements. It's typically prepared after initial negotiations and before the final transfer deed (leveringsakte), forming the basis for the property transfer process. The document must comply with Books 3 and 7 of the Dutch Civil Code and incorporate relevant provisions from Dutch property law, including mandatory cooling-off periods for residential properties.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and other relevant identification details as required by Dutch law
2. Background: Context of the sale and brief description of the property being transferred
3. Definitions: Key terms used throughout the agreement, including Property, Transfer Date, Notary, and other relevant terms
4. Object of Sale: Detailed description of the property including address, land registry details, size, and boundaries
5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and transfer of funds through the notary's account
6. Transfer Date: Specified date for property transfer at the notary's office and conditions for potential extension
7. Current State: Description of the property's current condition and any agreed modifications before transfer
8. Title and Securities: Guarantees regarding ownership, absence of encumbrances, and special rights
9. Transfer of Risk: Specification of when risk transfers from seller to buyer and insurance requirements
10. Delivery Obligations: Seller's obligations regarding property delivery, including vacant possession requirements
11. Notary: Designation of the notary responsible for the transfer deed and associated requirements
12. Default: Consequences of breach by either party and remedies available
13. Governing Law: Confirmation of Dutch law application and jurisdiction
1. Mortgage Condition: Applicable when buyer requires mortgage financing, including deadline for obtaining approval
2. Building Inspection: Terms for technical inspection of the property, if agreed upon
3. Environmental Conditions: Specific provisions regarding soil quality and environmental permits, particularly relevant for commercial property
4. Rental Situation: Required when property is currently rented, detailing tenant rights and obligations
5. Monument Status: Special provisions for properties with protected status under Dutch heritage law
6. Ground Lease: Required when property is subject to ground lease (erfpacht)
7. Owners Association: Relevant for apartments, including VvE (Vereniging van Eigenaren) details
8. Energy Performance: Specific provisions regarding energy labels and sustainability requirements
1. Property Description Schedule: Detailed description of the property including floor plans, boundaries, and included fixtures
2. List of Inclusions and Exclusions: Itemized list of movable items included or excluded from the sale
3. Land Registry Extract: Recent extract from the Kadaster showing property details and registered rights
4. Environmental Reports: Any available environmental surveys or soil investigation reports
5. Building Inspection Report: Technical inspection results if conducted
6. Energy Performance Certificate: Mandatory energy label documentation
7. VvE Documentation: For apartments: recent meeting minutes, financial statements, and maintenance plans
8. Photographs: Documentary photographs of the property's current state
Relevant legal definitions
Agreement
Property
Transfer Date
Completion Date
Purchase Price
Deposit
Notary
Deed of Transfer
Seller
Buyer
Business Day
Completion
Delivery
Encumbrances
Ground Lease (Erfpacht)
Land Registry (Kadaster)
Owners Association (VvE)
Transfer Deed (Leveringsakte)
Purchase Agreement (Koopovereenkomst)
Registration
Title Deed
Permitted Use
Building Inspection
Environmental Report
Energy Performance Certificate
Mortgage Deed
Cooling-off Period (Bedenktijd)
Material Breach
Notarial Escrow
Occupation Date
Parties
Reservations
Special Conditions
Transfer Tax (Overdrachtsbelasting)
Vacant Possession (Leeg en Ontruimd)
Municipality (Gemeente)
Zoning Plan (Bestemmingsplan)
Associated Rights
Easements (Erfdienstbaarheden)
Maintenance Obligations
Property
Transfer Date
Completion Date
Purchase Price
Deposit
Notary
Deed of Transfer
Seller
Buyer
Business Day
Completion
Delivery
Encumbrances
Ground Lease (Erfpacht)
Land Registry (Kadaster)
Owners Association (VvE)
Transfer Deed (Leveringsakte)
Purchase Agreement (Koopovereenkomst)
Registration
Title Deed
Permitted Use
Building Inspection
Environmental Report
Energy Performance Certificate
Mortgage Deed
Cooling-off Period (Bedenktijd)
Material Breach
Notarial Escrow
Occupation Date
Parties
Reservations
Special Conditions
Transfer Tax (Overdrachtsbelasting)
Vacant Possession (Leeg en Ontruimd)
Municipality (Gemeente)
Zoning Plan (Bestemmingsplan)
Associated Rights
Easements (Erfdienstbaarheden)
Maintenance Obligations
Clauses
Property Description
Purchase Price
Payment Terms
Transfer of Title
Notarial Requirements
Registration Requirements
Warranties and Representations
Property Condition
Delivery Obligations
Risk Transfer
Insurance
Due Diligence
Environmental Compliance
Zoning Compliance
Encumbrances
Ground Lease
Owners Association Provisions
Mortgage Conditions
Default and Remedies
Force Majeure
Termination
Cooling-off Rights
Tax Provisions
Costs and Expenses
Property Inspection
Energy Performance
Vacant Possession
Title Guarantee
Existing Tenancies
Building Regulations
Municipal Requirements
Dispute Resolution
Governing Law
Assignment
Severability
Entire Agreement
Amendments
Notices
Survival
Purchase Price
Payment Terms
Transfer of Title
Notarial Requirements
Registration Requirements
Warranties and Representations
Property Condition
Delivery Obligations
Risk Transfer
Insurance
Due Diligence
Environmental Compliance
Zoning Compliance
Encumbrances
Ground Lease
Owners Association Provisions
Mortgage Conditions
Default and Remedies
Force Majeure
Termination
Cooling-off Rights
Tax Provisions
Costs and Expenses
Property Inspection
Energy Performance
Vacant Possession
Title Guarantee
Existing Tenancies
Building Regulations
Municipal Requirements
Dispute Resolution
Governing Law
Assignment
Severability
Entire Agreement
Amendments
Notices
Survival
Relevant Industries
Residential Real Estate
Commercial Real Estate
Real Estate Development
Banking & Finance
Construction
Property Management
Legal Services
Insurance
Urban Development
Architecture & Design
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Sales
Business Development
Risk Management
Operations
Investment
Corporate Services
Transaction Support
Document Management
Relevant Roles
Real Estate Lawyer
Notary
Real Estate Agent
Property Manager
Legal Counsel
Contract Manager
Property Developer
Mortgage Advisor
Compliance Officer
Real Estate Investment Manager
Property Surveyor
Transaction Manager
Real Estate Portfolio Manager
Legal Administrator
Real Estate Broker
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