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Real Estate Purchase And Sale Agreement Template for Netherlands

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Key Requirements PROMPT example:

Real Estate Purchase And Sale Agreement

"I need a Real Estate Purchase and Sale Agreement under Dutch law for a commercial warehouse property in Rotterdam, including specific provisions for existing tenant rights and environmental compliance requirements, with completion planned for March 2025."

Document background
The Real Estate Purchase And Sale Agreement is a crucial document in Dutch property transactions, required whenever real estate ownership is transferred between parties. It serves as the foundation for the subsequent notarial deed, which is mandatory under Dutch law for completing the property transfer. This agreement captures all essential elements of the transaction, including property details, purchase price, transfer conditions, warranties, and specific Dutch legal requirements such as soil quality declarations and energy performance certificates. It's used in both residential and commercial property transactions, though specific provisions may vary depending on the property type and parties involved. The document must comply with Dutch Civil Code requirements and often includes provisions for local regulations, zoning laws, and municipality-specific requirements. It's particularly important as it creates binding obligations between parties before the formal transfer at the notary's office.
Suggested Sections

1. Parties: Identification of seller and buyer with full legal details

2. Background: Context of the sale and brief property description

3. Definitions: Key terms used throughout the agreement

4. Object of Sale: Detailed description of the property, including cadastral details and included items

5. Purchase Price: Price, payment terms, and deposit arrangements

6. Transfer of Ownership: Conditions and timing of legal transfer (levering)

7. State of the Property: Current condition, accepted defects, and as-is provisions

8. Use of the Property: Current and permitted use, zoning compliance

9. Transfer of Rights and Obligations: Assignment of existing rights, permits, and warranties

10. Environmental Provisions: Soil quality, contamination, and environmental compliance

11. Risk and Insurance: Risk transfer timing and insurance obligations

12. Default and Remedies: Consequences of breach and available remedies

13. Notary and Costs: Appointment of notary and allocation of transaction costs

14. Notices: Communication methods and contact details

15. Governing Law and Jurisdiction: Application of Dutch law and dispute resolution

Optional Sections

1. Financing Condition: Used when buyer requires mortgage financing, including deadline and conditions

2. Building Inspection: Included for residential properties where buyer wishes to conduct technical inspection

3. Rental Provisions: Required if property is currently rented or will be rented post-sale

4. Renovation/Construction Plans: Included when buyer has specific renovation or construction plans requiring permits

5. Energy Performance: Required for residential properties, detailing energy rating and improvement obligations

6. Monument Status: Included for properties with historical monument status

7. Ground Lease: Required when property is subject to ground lease (erfpacht)

8. VvE (Owners Association): Required for apartments, including association details and obligations

9. Anti-speculation Clause: Optional clause preventing quick resale, common in some municipalities

10. Anti-money Laundering Provisions: Enhanced provisions for high-value transactions or risk factors

Suggested Schedules

1. Property Description: Detailed description including floor plans, measurements, and boundaries

2. List of Included Items: Inventory of fixtures, fittings, and other items included in sale

3. Due Diligence Findings: Summary of technical, legal, and environmental investigations

4. Land Registry Extract: Recent extract showing ownership and encumbrances

5. Environmental Reports: Soil quality reports and environmental investigations

6. Building Permits: Copies of relevant building permits and certificates

7. Energy Performance Certificate: Current energy label and performance details

8. VvE Documents: Association rules, financial statements, and maintenance plans for apartments

9. Zoning Documentation: Current zoning status and restrictions

10. Property Photographs: Current condition documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















































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Relevant Industries

Real Estate

Construction

Banking & Finance

Legal Services

Property Development

Retail

Hospitality

Healthcare

Education

Manufacturing

Logistics

Agriculture

Office & Commercial

Residential Property

Relevant Teams

Legal

Real Estate

Facilities

Operations

Finance

Compliance

Risk Management

Business Development

Investment

Asset Management

Property Management

Acquisitions

Corporate Services

Strategy

Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Agent

Notary

Legal Counsel

Property Manager

Facilities Manager

Asset Manager

Investment Manager

Real Estate Investment Director

Compliance Officer

Risk Manager

Chief Legal Officer

Business Development Manager

Operations Director

Chief Financial Officer

Real Estate Portfolio Manager

Acquisition Manager

Property Surveyor

Transaction Manager

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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