The Deed of Contract to Sell is a crucial document in Dutch property transactions, forming the foundation of the property transfer process. This document is required whenever real estate is bought or sold in the Netherlands, whether for residential, commercial, or industrial purposes. It precedes the final notarial deed of transfer and contains all essential elements required by Dutch law for a valid property sale agreement. The document must comply with requirements set forth in the Dutch Civil Code (Burgerlijk Wetboek) and includes detailed information about the property, parties involved, purchase price, transfer conditions, and any special provisions or contingencies. It serves as the primary agreement that binds both parties to the transaction and forms the basis for the notary to prepare the final transfer deed.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and other required identification details as per Dutch law
2. Background: Context of the sale and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Detailed legal description of the property including cadastral details, address, and registered encumbrances
5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements
6. Transfer of Ownership: Conditions and timing for the transfer of ownership through notarial deed
7. State of the Property: Current condition of the property, known defects, and warranties
8. Use of Property: Current and permitted use of the property, zoning status
9. Transfer Date: Agreed date for transfer of ownership and possession
10. Seller's Obligations: Obligations of the seller until transfer, including maintenance and insurance
11. Buyer's Obligations: Obligations of the buyer, including payment and financing arrangements
12. Risk Transfer: Point at which risk transfers from seller to buyer
13. Default Provisions: Consequences of breach by either party
14. Notary Selection: Designation of the notary responsible for executing the transfer deed
15. Governing Law: Confirmation of Dutch law application and jurisdiction
1. Mortgage Provisions: Include when buyer requires mortgage financing, detailing conditions and deadlines
2. Rental Situation: Include when property is currently rented, detailing tenant rights and obligations
3. Environmental Clauses: Include when there are environmental issues or investigations pending
4. Building Inspection: Include when a building inspection is required as a condition
5. Asbestos Clause: Include for properties built before 1994 where asbestos might be present
6. Monument Status: Include if the property is a listed monument with special requirements
7. Ground Lease: Include if the property is subject to ground lease (erfpacht)
8. Owners Association: Include for apartments detailing VvE (owners association) matters
1. Property Details: Detailed description of the property including floor plans and measurements
2. List of Inclusions: Inventory of items included in the sale
3. List of Exclusions: Inventory of items explicitly excluded from the sale
4. Cadastral Maps: Official property maps and cadastral documentation
5. Energy Label: Current energy performance certificate
6. Property Photographs: Recent photographs documenting the property's condition
7. Building Inspection Report: If applicable, the full building inspection report
8. VvE Documents: If applicable, relevant owners association documents and financial statements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Banking & Finance
Legal Services
Property Management
Commercial Property
Residential Property
Urban Development
Agriculture (for rural properties)
Retail (for commercial properties)
Industrial
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Risk Management
Business Development
Operations
Facilities
Asset Management
Contract Administration
Document Management
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary
Legal Counsel
Contract Manager
Property Developer
Asset Manager
Facilities Manager
Real Estate Investment Manager
Commercial Director
Business Development Manager
Legal Operations Manager
Compliance Officer
Risk Manager
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