The Home Purchase Agreement (Koopovereenkomst) is a crucial legal document used in the Netherlands for residential property transactions. It is required whenever there is a transfer of ownership of residential real estate between parties. The agreement must comply with strict Dutch legal requirements, including the involvement of a notary and a mandatory three-day cooling-off period for buyers. It contains detailed information about the property, purchase price, conditions of sale, warranties, and specific Dutch legal provisions. This document is essential for protecting both parties' interests and ensuring the transaction meets all regulatory requirements under Dutch law. The agreement typically serves as the foundation for the notarial deed of transfer (leveringsakte) and is a prerequisite for property registration with the Land Registry (Kadaster).
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and marital status
2. Background: Context of the sale and brief description of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including address, land registry details, and included items
5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements
6. Transfer of Ownership: Details about the transfer (levering) through the notary, including target completion date
7. State of the Property: Current condition of the property and any known defects
8. Use of Property: Current and permitted use of the property
9. Guarantees by Seller: Seller's warranties regarding the property
10. Cooling-off Period: Mandatory 3-day cooling-off period for the buyer
11. Conditions Precedent: Conditions that must be met before completion, including financing and structural survey
12. Risk Transfer: Point at which risk and insurance responsibility transfers to the buyer
13. Default: Consequences of breach by either party
14. Notices: How formal communications between parties should be made
15. Governing Law: Confirmation of Dutch law application and jurisdiction
1. Mortgage Release: Required if the property has an existing mortgage that needs to be discharged
2. Rental Situations: Required if the property is currently rented or has rental agreements
3. Monument Status: Required if the property is a listed building (Rijksmonument)
4. Ground Lease: Required if the property is subject to ground lease (erfpacht)
5. Asbestos Clause: Required for properties built before 1994
6. VvE (Owners Association): Required for apartments or shared properties
7. Soil Condition: Required if there are known or suspected soil contamination issues
8. Agricultural Provisions: Required for properties with agricultural land or designation
1. List of Included Items: Detailed list of fixtures, fittings, and other items included in the sale
2. Land Registry Extract: Recent extract from the Land Registry (Kadaster)
3. Energy Performance Certificate: Mandatory energy label for the property
4. Property Plans: Floor plans and property boundaries
5. List of Defects: Detailed list of known defects and maintenance issues
6. VvE Documentation: Owners Association documents if applicable
7. Building Inspection Report: If a building inspection has been conducted
8. Environmental Reports: Any environmental or soil reports if available
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