Commercial Property Purchase Contract

Commercial Property Purchase Contract Template for Netherlands

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Key Requirements PROMPT example:

"I need a Commercial Property Purchase Contract for the acquisition of an office building in Amsterdam, with completion scheduled for March 2025, purchase price of €2.5 million, with standard warranties and representations under Dutch law."

Document background

The Commercial Property Purchase Contract (Koopovereenkomst Commercieel Vastgoed) is a fundamental legal document used in the Netherlands for transactions involving commercial real estate. It is specifically designed to comply with Dutch property law requirements and must be executed before a Dutch civil law notary. This document is essential when purchasing or selling any type of commercial property in the Netherlands, including office buildings, retail spaces, industrial facilities, or development land. It contains mandatory provisions required by Dutch law, addresses key aspects such as transfer of title, warranties, and conditions precedent, and typically includes comprehensive due diligence provisions. The agreement must account for specific Dutch legal requirements such as the transfer tax (overdrachtsbelasting), environmental regulations, and zoning laws.

Suggested Sections

1. Parties: Identification of the Seller and Purchaser with full legal details

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

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

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

5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements

6. Transfer of Ownership: Conditions and process for legal transfer, including notarial requirements

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

8. Use of the Property: Current use, permits, and restrictions

9. Guarantees and Warranties: Seller's representations regarding the property

10. Transfer of Risk: Point at which risk transfers to the purchaser

11. Due Diligence: Buyer's investigation rights and process

12. Conditions Precedent: Conditions that must be met before completion

13. Completion: Process and requirements for completion of the purchase

14. Default and Termination: Consequences of breach and termination rights

15. Notices: How formal communications between parties should be made

16. Governing Law and Jurisdiction: Confirmation of Dutch law application and dispute resolution

17. Execution: Signature blocks and execution requirements

Optional Sections

1. Environmental Provisions: Detailed provisions regarding environmental matters when the property has known environmental issues or risks

2. Tenant Provisions: Required when the property is sold with existing tenants in place

3. VAT Election: Specific provisions when parties opt to treat the transaction as VAT-taxable

4. Monument Status: Special provisions for properties with protected monument status

5. Financing Condition: Included when purchase is subject to buyer obtaining financing

6. Construction/Development: Required when property includes incomplete construction or planned development

7. Asbestos Provisions: Specific provisions for properties built before 1994 where asbestos might be present

8. Ground Lease: Required when the property is subject to a ground lease (erfpacht)

Suggested Schedules

1. Property Description: Detailed description including maps, plans, and photographs

2. Title Documents: Copies of land registry extracts and relevant title documents

3. Permitted Use: Zoning documentation and permits

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

5. Environmental Reports: Soil investigation reports and environmental surveys

6. Technical Reports: Building inspection reports and technical surveys

7. Existing Leases: Copies of current lease agreements if property is tenanted

8. Building Plans: Architectural drawings and floor plans

9. Insurance Documents: Details of existing insurance and claims history

10. Service Contracts: Details of ongoing service contracts that may transfer with the property

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Commercial Property Development

Retail

Manufacturing

Hospitality

Healthcare

Education

Logistics

Professional Services

Banking and Finance

Industrial

Technology

Energy

Relevant Teams

Legal

Real Estate

Finance

Operations

Compliance

Risk Management

Business Development

Corporate Development

Facilities Management

Asset Management

Relevant Roles

Real Estate Director

Property Manager

Commercial Director

Chief Financial Officer

Legal Counsel

Real Estate Investment Manager

Facility Manager

Business Development Manager

Asset Manager

Operations Director

Risk Manager

Compliance Officer

Corporate Real Estate Manager

Development Manager

Acquisition Manager

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Authors

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