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Lease And Sale Agreement for the Netherlands

Lease And Sale Agreement Template for Netherlands

This comprehensive legal document, governed by Dutch law (specifically the Dutch Civil Code - Burgerlijk Wetboek), combines both sale and lease arrangements in a single agreement. It facilitates transactions where property ownership is transferred while simultaneously establishing a lease relationship between the new owner and the previous owner. The document addresses crucial aspects including property transfer, purchase price, lease terms, maintenance obligations, and includes specific provisions required under Dutch property law. It incorporates both the immediate transfer of property ownership and the ongoing landlord-tenant relationship, making it particularly suitable for sale-leaseback arrangements and commercial property transactions.

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Lease And Sale Agreement

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What is a Lease And Sale Agreement?

The Lease And Sale Agreement is a sophisticated legal instrument used in the Netherlands when a property transaction involves both the sale of a property and its immediate lease back to the seller or to a third party. This document type is particularly relevant in commercial real estate transactions, corporate restructuring, and asset management strategies. It must comply with Dutch Civil Code requirements for both sale and lease arrangements, including specific provisions for property transfer (overdracht) and lease terms (huurovereenkomst). The agreement is commonly used in sale-leaseback transactions where companies seek to free up capital while retaining use of their operational properties, or in commercial property developments where immediate occupation post-sale is required. The document includes detailed provisions for property transfer, purchase price payment, lease terms, maintenance obligations, and risk allocation, while ensuring compliance with Dutch property law and registration requirements.

What sections should be included in a Lease And Sale Agreement?

1. Parties: Identification and details of the seller/lessor and buyer/lessee, including full legal names, addresses, and registration numbers for companies

2. Background: Context of the transaction, including property description and parties' intentions regarding the sale and subsequent lease

3. Definitions: Definitions of key terms used throughout the agreement

4. Sale Provisions: Terms of the sale including purchase price, payment terms, and transfer of ownership

5. Property Description: Detailed description of the property, including address, cadastral details, and included fixtures/fittings

6. Purchase Price and Payment: Specification of purchase price, payment schedule, and payment methods

7. Transfer of Ownership: Conditions and process for legal transfer of the property

8. Lease Terms: Core lease provisions including duration, rent amount, and payment terms

9. Use of Property: Permitted use of the property during the lease period

10. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements

11. Insurance and Liability: Insurance requirements and allocation of risks

12. Default and Remedies: Consequences of default and available remedies for both parties

13. Termination: Conditions and procedures for terminating the lease

14. Notices: Process for formal communications between parties

15. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

16. Signature Page: Execution block for all parties

What sections are optional to include in a Lease And Sale Agreement?

1. Environmental Provisions: Required when the property has known environmental issues or specific environmental requirements

2. Property Management: Include when specific property management arrangements are needed during the lease period

3. Subletting and Assignment: Include when the lessee may need to sublet or assign the lease

4. Alterations and Improvements: Required when the lessee plans significant modifications to the property

5. Service Charges: Include for properties with common areas or shared services

6. Break Clauses: Optional early termination provisions for either party

7. Right of First Refusal: Include if lessee is granted future purchase rights

8. Guarantees: Required when additional security is needed from either party

9. VAT Election: Include when parties opt to tax the transaction with VAT

What schedules should be included in a Lease And Sale Agreement?

1. Property Plan: Detailed plans and drawings of the property

2. Inventory: List of included fixtures, fittings, and equipment

3. Condition Report: Detailed description of property condition at sale/lease commencement

4. Service Charge Budget: Breakdown of service charges and allocation method

5. Building Regulations: Specific rules and regulations for property use

6. Environmental Reports: Any environmental surveys or assessments

7. Energy Performance Certificate: Mandatory energy performance documentation

8. Payment Schedule: Detailed schedule of purchase price installments and rent payments

9. Maintenance Schedule: Detailed breakdown of maintenance responsibilities

10. Required Permits: Copies of necessary permits and licenses

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions










Clauses













































Relevant Industries

Real Estate

Commercial Property

Retail

Industrial

Office Space

Hospitality

Healthcare

Manufacturing

Logistics

Financial Services

Relevant Teams

Legal

Real Estate

Finance

Operations

Facilities Management

Risk Management

Compliance

Property Management

Asset Management

Corporate Development

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Corporate Lawyer

Finance Director

Chief Financial Officer

Asset Manager

Facilities Manager

Commercial Director

Real Estate Agent

Notary

Property Surveyor

Risk Manager

Compliance Officer

Operations Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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