The Estate Contract serves as the primary legal instrument for real estate transactions in the Netherlands, governed by Dutch civil law. It is essential for any transfer of real property ownership, whether residential, commercial, or industrial. The document must comply with strict requirements under the Dutch Civil Code and related legislation, including mandatory execution before a notary (notaris) and subsequent registration with the Kadaster. This contract type is used to document the agreed terms between parties, including purchase price, transfer conditions, warranties, and specific Dutch legal requirements such as the cooling-off period for residential properties. It incorporates necessary provisions for handling local zoning laws, environmental regulations, and property-specific conditions like ground lease (erfpacht) where applicable.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and registration numbers for legal entities
2. Background: Context of the transaction and brief property history
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 transfer of ownership (levering) through notarial deed
7. State of the Property: Current condition of the property, known defects, and as-is provisions
8. Seller's Warranties: Standard warranties regarding ownership, encumbrances, and property condition
9. Buyer's Warranties: Warranties regarding financial capacity and intended use
10. Transfer Date: Agreed date for transfer and conditions for extension
11. Risk and Insurance: Transfer of risk and insurance obligations
12. Default and Remedies: Consequences of breach and available remedies
13. Notary: Appointment and role of the notary
14. Governing Law: Confirmation of Dutch law application and jurisdiction
15. Signatures: Execution blocks for all parties
1. Mortgage Conditions: Include when buyer requires mortgage financing, specifying conditions and deadlines
2. Building Inspection: Include when buyer requests right to conduct building inspection
3. Soil Condition: Include when property is in area with known soil issues or contamination risks
4. Rental Situations: Include when property is currently rented or has rental history
5. Monument Status: Include when property is listed as protected monument
6. Energy Performance: Include specific provisions about energy labels and improvements
7. Asbestos Clause: Include for properties built before 1994
8. Ground Lease: Include when property is subject to ground lease (erfpacht)
9. Neighboring Rights: Include when there are specific easements or rights of way
10. Development Conditions: Include when property has development potential or restrictions
1. Schedule 1 - Property Details: Detailed cadastral information and property specifications
2. Schedule 2 - Fixtures and Fittings: List of included and excluded items
3. Schedule 3 - Known Defects: Detailed list of known defects and maintenance issues
4. Appendix A - Land Registry Extract: Recent extract from Kadaster
5. Appendix B - Property Plans: Floor plans and property boundaries
6. Appendix C - Environmental Reports: Any environmental surveys or soil reports
7. Appendix D - Building Permits: Copies of relevant building permits and certificates
8. Appendix E - Energy Label: Energy performance certificate
9. Appendix F - Photos: Current photographs of the property
10. Appendix G - Local Authority Information: Relevant zoning and planning information
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Financial Services
Construction
Property Development
Property Management
Urban Planning
Banking
Insurance
Residential Housing
Commercial Property
Public Sector
Relevant Teams
Legal
Real Estate
Compliance
Risk Management
Property Management
Asset Management
Facilities Management
Investment
Operations
Finance
Business Development
Administrative Support
Relevant Roles
Real Estate Lawyer
Notary
Real Estate Agent
Property Manager
Legal Counsel
Compliance Officer
Risk Manager
Property Developer
Investment Manager
Asset Manager
Facilities Manager
Contract Manager
Real Estate Broker
Property Surveyor
Municipal Planning Officer
Mortgage Advisor
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