The Guaranteed Sale Agreement serves as a risk mitigation tool in the Dutch property market, providing property owners with certainty regarding their property's minimum sale value. This document is particularly useful in uncertain market conditions or when sellers require guaranteed proceeds by a specific date, such as for purchasing another property. The agreement combines elements of a standard sale agreement with a guarantee mechanism, all governed by Dutch law and compliant with the Burgerlijk Wetboek. It typically involves a professional guarantor (often a real estate company or financial institution) who commits to purchasing the property at a pre-agreed price if it doesn't sell on the open market within a specified period. The document includes comprehensive provisions for property marketing, valuation, maintenance, and the conditions under which the guarantee can be invoked, ensuring clarity and protection for all parties involved.
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1. Parties: Identification of the seller, guarantor, and any other relevant parties
2. Background: Context of the agreement and purpose of the guaranteed sale arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Complete description of the property subject to the guaranteed sale
5. Guarantee Terms: Core terms of the guarantee, including guaranteed price and duration
6. Sale Process: Steps and timeline for marketing and selling the property
7. Obligations of the Seller: Seller's commitments and responsibilities during the guarantee period
8. Obligations of the Guarantor: Guarantor's commitments, including conditions for purchasing the property
9. Property Condition: Requirements regarding property maintenance and condition
10. Marketing Requirements: Agreed marketing approach and minimum requirements
11. Financial Terms: Pricing, fees, and payment terms
12. Duration and Termination: Term of the agreement and circumstances for early termination
13. Notices: Communication requirements and contact details
14. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
1. Mortgage Provisions: Required when the property has an existing mortgage that needs to be addressed
2. Tenant Provisions: Required when the property is currently tenanted or may be let during the guarantee period
3. Property Improvements: Include when specific improvements are required or prohibited during the guarantee period
4. Third-Party Rights: Required when there are specific third-party interests to be addressed
5. Insurance Requirements: Detailed insurance obligations beyond standard requirements
6. Multiple Properties: Required when the guarantee covers multiple properties
7. Special Conditions: For unique circumstances affecting the guarantee or sale process
1. Property Schedule: Detailed property description, including land registry details and plans
2. Pricing Schedule: Detailed breakdown of guaranteed price calculation and adjustments
3. Marketing Plan: Detailed marketing strategy and requirements
4. Condition Report: Current property condition assessment and photographs
5. Required Documentation: List of documents required for sale completion
6. Fee Structure: Detailed breakdown of all fees and charges
7. Timeline: Detailed timeline of key dates and deadlines
8. Property Title Documents: Copies of relevant title documents and registrations
Relevant legal definitions
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Real Estate
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Banking
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Relevant Teams
Legal
Real Estate
Compliance
Risk Management
Sales
Property Management
Investment
Operations
Valuations
Transaction Management
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Relevant Roles
Real Estate Director
Property Manager
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Real Estate Agent
Property Developer
Investment Manager
Risk Manager
Compliance Officer
Sales Director
Contract Manager
Property Valuation Specialist
Mortgage Advisor
Transaction Manager
Portfolio Manager
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