The Conditional Deed of Sale (Koopakte) is a fundamental document in Dutch property transactions, used when parties wish to agree on property sale terms while making the final sale subject to specific conditions. These conditions typically include financing arrangements, building inspections, or other due diligence requirements. The document is governed by Dutch law, particularly the Civil Code (Burgerlijk Wetboek), and forms the basis for the final notarial deed of transfer (leveringsakte). It's especially important in the Netherlands where property transactions follow a two-step process: first the conditional sale agreement, followed by the notarial transfer deed. The document provides essential protection for both parties during the period between signing the initial agreement and the final transfer, typically 6-8 weeks. It must include specific statutory provisions and is usually based on the model developed by the Dutch Association of Real Estate Brokers (NVM), Royal Notarial Association (KNB), and Dutch Home Owners Association (VEH).
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status
2. Background: Context of the sale, including property history and reason for the transaction
3. Definitions: Key terms used throughout the deed, ensuring clear interpretation
4. Property Description: Detailed description of the property, including cadastral details, address, and registered encumbrances
5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements
6. Transfer Date: Specified date for transfer of ownership and key handover
7. Conditions Precedent: Specific conditions that must be met before the sale becomes final
8. State of the Property: Current condition of the property and any known defects
9. Transfer of Title: Terms and process for legal transfer of ownership
10. Warranties and Representations: Statements and guarantees made by both parties
11. Risk Transfer: Point at which risk and insurance responsibility transfers to the buyer
12. Default Provisions: Consequences and remedies in case of breach by either party
13. Notary Selection: Designation of the executing notary and associated costs
14. Execution: Signing requirements and effective date of the deed
1. Mortgage Clause: Include when buyer requires mortgage financing to complete the purchase
2. Building Inspection: Include when sale is conditional on satisfactory 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 currently leased or has sitting tenants
6. Monument Status: Include for properties with protected monument status
7. Environmental Provisions: Include when there are known environmental issues or soil contamination
8. Renovation Clause: Include when buyer plans significant renovations requiring permits
9. NVM Standard Provisions: Include when using standard NVM (Dutch Association of Real Estate Brokers) conditions
1. Property Drawings: Floor plans and cadastral maps of the property
2. List of Inclusions: Detailed list of fixtures and fittings included in the sale
3. List of Exclusions: Items specifically excluded from the sale
4. Energy Performance Certificate: Current energy rating and performance details
5. Land Registry Extract: Recent extract showing ownership and encumbrances
6. Environmental Reports: Any relevant environmental or soil investigation reports
7. Building Permits: Copies of relevant building permits and modifications
8. Property Photographs: Documentary photographs of property condition at time of sale
9. VvE Documents: Relevant documentation if property is part of an owners association
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