Simple Agreement Of Sale (Real Estate) for the Netherlands

Simple Agreement Of Sale (Real Estate) Template for Netherlands

A standardized legal agreement governed by Dutch law for the sale and purchase of real estate property in the Netherlands. This document outlines the terms and conditions of the property transfer, including purchase price, property details, warranties, and specific Dutch legal requirements such as notarial deed execution and Land Registry (Kadaster) registration. It incorporates mandatory elements required by Dutch property law while providing a clear framework for both parties to understand their rights, obligations, and the transaction process. The agreement ensures compliance with Dutch Civil Code requirements and includes provisions for notarial involvement, which is mandatory for real estate transfers in the Netherlands.

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What is a Simple Agreement Of Sale (Real Estate)?

The Simple Agreement Of Sale (Real Estate) is a fundamental legal document used in the Netherlands for property transactions between buyers and sellers. This agreement type is essential for any real estate transfer in the Dutch market, whether residential or commercial. It must comply with specific requirements of Dutch law, including mandatory notarial involvement and registration with the Land Registry (Kadaster). The document serves as the primary contract defining the terms of sale, purchase price, property details, and both parties' obligations. It is designed to protect both buyers' and sellers' interests while ensuring compliance with Dutch real estate regulations, tax requirements, and property transfer laws. The agreement typically precedes the final notarial deed of transfer and includes provisions for due diligence, financing conditions, and property inspections.

What sections should be included in a Simple Agreement Of Sale (Real Estate)?

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

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 address, land registry details, and exact measurements

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

6. Transfer of Ownership: Details of the transfer process, including notary appointment and timing

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

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

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

10. Risk Transfer: Timing and conditions of risk transfer from seller to buyer

11. Notarial Deed: Requirements and arrangements for the notarial deed of transfer

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

13. Default and Remedies: Consequences of breach and available remedies

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

15. Signing: Execution provisions and signature blocks

What sections are optional to include in a Simple Agreement Of Sale (Real Estate)?

1. Mortgage Contingency: To be included when the purchase is contingent on buyer obtaining mortgage financing

2. Building Inspection: To be included when a building inspection is part of the conditions

3. Rental Situations: Required when the property is currently rented or has sitting tenants

4. Environmental Conditions: To be included when there are known environmental issues or specific requirements

5. Renovation Plans: Required when buyer plans significant renovations that need seller's or authority approval

6. Parking Arrangements: To be included when separate parking rights or permits are involved

7. Monument Status: Required for properties with protected historical status

8. Ground Lease: To be included when the property is subject to ground lease (erfpacht)

What schedules should be included in a Simple Agreement Of Sale (Real Estate)?

1. Property Plans: Official floor plans and property measurements

2. Land Registry Extract: Recent extract from the Kadaster showing ownership and encumbrances

3. List of Fixtures and Fittings: Detailed inventory of items included/excluded in the sale

4. Energy Performance Certificate: Mandatory energy label for the property

5. Property Photographs: Current photographs documenting the property's condition

6. Building Inspection Report: If applicable, the full building inspection report

7. Soil Investigation Report: If applicable, results of soil contamination investigations

8. Homeowners Association Documents: If applicable, VvE (Homeowners Association) documentation

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

Cost

Free to use

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