The Agreement of Sale of Immovable Property (Koopovereenkomst) is a crucial legal document used in the Netherlands for all real estate transactions. This agreement is required whenever immovable property is bought or sold, whether in residential, commercial, or industrial contexts. Under Dutch law, while the initial agreement can be verbal, it's standard practice to document the transaction in writing to ensure clarity and enforceability. The agreement must be followed by a notarial deed of transfer to effect the legal transfer of ownership. The document includes essential elements such as property description, purchase price, transfer conditions, and various warranties, all compliant with the Dutch Civil Code. It serves as the primary document governing the relationship between buyer and seller until the final transfer at the notary's office.
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1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and other relevant identification details
2. Background: Context of the sale and brief description of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including address, land registry details, size, and cadastral information
5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and transfer tax arrangements
6. Transfer of Ownership: Conditions for transfer, timing, and requirements for notarial deed
7. State of the Property: Current condition of the property, known defects, and as-is provisions
8. Seller's Warranties: Warranties regarding ownership, encumbrances, and property condition
9. Buyer's Warranties: Warranties regarding financial capacity and intended use
10. Transfer Date: Agreed date of transfer and conditions for extension or modification
11. Notary: Designation of notary and arrangements for deed execution
12. Risk and Insurance: Transfer of risk and insurance requirements
13. Default and Remedies: Consequences of breach and available remedies
14. Costs and Taxes: Allocation of transaction costs and tax obligations
15. Notices: Communication procedures between parties
16. Governing Law: Confirmation of Dutch law application and jurisdiction
17. Signing: Execution clause and signature blocks
1. Mortgage Contingency: Include when buyer's purchase is contingent on obtaining mortgage financing
2. Building Inspection: Include when buyer reserves right to conduct building inspection
3. Asbestos Clause: Include for properties built before 1994 where asbestos might be present
4. Ground Lease: Include when property is subject to ground lease (erfpacht)
5. Occupancy Status: Include when property is rented or has sitting tenants
6. Environmental Conditions: Include when property has known environmental issues or requires soil investigation
7. Monument Status: Include when property is a listed building (Rijksmonument)
8. Renovation Clause: Include when buyer plans significant renovations requiring permits
9. VvE (Owners Association): Include for apartments with details about owners association
10. Energy Performance: Include when energy label requirements apply
1. Property Details: Detailed description of property including floor plans and cadastral maps
2. List of Inclusions: Inventory of items included in the sale
3. List of Exclusions: Inventory of items explicitly excluded from the sale
4. Known Defects: Detailed list of known defects and maintenance issues
5. Environmental Reports: Any environmental surveys or soil investigation reports
6. Building Permits: Copies of relevant building permits and modifications
7. Energy Performance Certificate: Copy of the energy label and related certificates
8. VvE Documents: Owners association documents if applicable
9. Property Photographs: Current photographs of the property and relevant features
10. Zoning Information: Current zoning status and restrictions
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