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Agreement To Sell With Possession Template for Netherlands

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Key Requirements PROMPT example:

Agreement To Sell With Possession

"I need an Agreement To Sell With Possession under Dutch law for the sale of manufacturing equipment worth €500,000, where the buyer needs immediate possession for production purposes but will complete the purchase in installments over 6 months starting March 2025."

Document background
The Agreement To Sell With Possession is a specialized contract format used in the Netherlands when parties wish to separate the transfer of physical possession from the transfer of legal ownership. This arrangement is particularly useful in situations where immediate possession is desired but the full transfer of ownership needs to be delayed, such as pending full payment, completion of administrative requirements, or satisfaction of specific conditions. The document is structured according to Dutch law requirements, particularly the Dutch Civil Code (Burgerlijk Wetboek), and includes comprehensive provisions for protecting both parties' interests during the interim period. Common applications include real estate transactions, large equipment purchases, and situations involving installment payments or specific financing arrangements. The agreement details possession terms, maintenance responsibilities, risk allocation, and insurance requirements, while ensuring compliance with Dutch property and contract law.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers if applicable

2. Background: Context of the sale, brief description of the property/goods, and the parties' intention to enter into a sale agreement with transfer of possession

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Possession Date', 'Purchase Price', etc.

4. Subject Matter of Sale: Detailed description of the property/goods being sold, including any relevant specifications, conditions, or characteristics

5. Purchase Price and Payment: The agreed purchase price, payment terms, method of payment, and any conditions related to payment

6. Transfer of Possession: Terms and conditions regarding the transfer of possession, including the possession date and handover process

7. Seller's Warranties: Warranties provided by the seller regarding ownership, condition, and quality of the property/goods

8. Buyer's Obligations: Obligations of the buyer including payment, maintenance after possession, and compliance with regulations

9. Risk and Insurance: Allocation of risk and responsibility for insurance during the period between possession and final transfer

10. Completion: Process and requirements for completing the sale, including documentation and registration requirements

11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Due Diligence: Terms regarding buyer's right to inspect and investigate the property/goods before completion, used for high-value transactions

2. Mortgage Provisions: Provisions relating to any mortgage or financing arrangements, included when buyer requires financing

3. Environmental Provisions: Specific provisions regarding environmental conditions and compliance, used for real estate or industrial goods

4. Third Party Rights: Provisions dealing with existing third party rights or claims, included when relevant

5. Tax Provisions: Specific provisions regarding tax implications and responsibilities, used for complex transactions

6. Force Majeure: Provisions for unforeseen circumstances preventing performance, included for long-term possession arrangements

7. Break Clause: Conditions under which either party can terminate the agreement before completion, used for extended possession periods

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property/goods including specifications, conditions, and included items

2. Payment Schedule: Detailed breakdown of payment terms, installments, and dates if applicable

3. Inventory List: List of items included in the sale, particularly relevant for furnished properties or multiple items

4. Condition Report: Detailed report on the condition of the property/goods at the time of possession transfer

5. Required Permits: List of permits, licenses, or authorizations required for the use or transfer of the property/goods

6. Outstanding Liabilities: List of any outstanding liabilities, charges, or encumbrances affecting the property/goods

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

Agriculture

Manufacturing

Retail

Industrial Equipment

Construction

Automotive

Art and Collectibles

Heavy Machinery

Commercial Property

Relevant Teams

Legal

Procurement

Sales

Real Estate

Commercial

Operations

Risk Management

Compliance

Property Management

Asset Management

Relevant Roles

Legal Counsel

Contract Manager

Property Manager

Real Estate Agent

Business Development Manager

Procurement Manager

Sales Manager

Asset Manager

Commercial Director

Operations Manager

Risk Manager

Compliance Officer

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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