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Land Option Contract Template for Netherlands

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Key Requirements PROMPT example:

Land Option Contract

"I need a Land Option Contract for a 50-hectare agricultural plot in Noord-Brabant that we plan to develop into a solar farm, with a 12-month option period starting March 2025 and specific provisions for environmental studies and grid connection permits."

Document background
The Land Option Contract is a strategic instrument commonly used in Dutch real estate transactions where immediate purchase is not desired or possible. This document type is particularly valuable in scenarios involving property development, large-scale real estate projects, or when parties need time to fulfill certain conditions (such as obtaining permits or conducting due diligence) before committing to a purchase. Under Dutch law, these contracts must be carefully structured to comply with civil code requirements and property law regulations. The agreement typically includes comprehensive details about the property, option terms, purchase conditions, and exercise mechanisms, while also addressing crucial aspects such as environmental considerations and zoning requirements. It serves as a preliminary step to a potential property transfer, providing security for both the option holder and the property owner while maintaining flexibility in the transaction timeline.
Suggested Sections

1. Parties: Identification of the option grantor (landowner) and option holder, including full legal names, addresses, and registration details for legal entities

2. Background: Context of the agreement, including brief description of the property and the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Option Period, Purchase Price, and Exercise Notice

4. Grant of Option: Core provision granting the option right to purchase the property, including exclusivity provisions

5. Option Period: Duration of the option, including start date, end date, and any extension mechanisms

6. Option Fee: Amount, payment terms, and whether the fee is refundable or applied to purchase price

7. Exercise of Option: Process and requirements for exercising the option, including notice requirements

8. Purchase Price: Agreed purchase price or mechanism for determining it, including any adjustments

9. Property Description: Detailed description of the land, including cadastral details and boundaries

10. Due Diligence: Rights and obligations regarding property investigation during the option period

11. Conditions Precedent: Conditions that must be satisfied before the option can be exercised

12. Representations and Warranties: Statements of fact and guarantees by both parties

13. Covenants: Obligations of parties during the option period, including maintenance and use restrictions

14. Assignment: Rights and restrictions regarding transfer of the option rights

15. Termination: Circumstances under which the agreement can be terminated and consequences

16. Notices: Process for formal communications between parties

17. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

18. Execution: Signature blocks and execution requirements

Optional Sections

1. Environmental Provisions: Specific provisions regarding environmental investigations and liabilities, used when environmental concerns exist

2. Development Conditions: Used when the option is contingent on obtaining specific development or zoning permissions

3. Mortgage and Encumbrance Provisions: Required when existing mortgages or encumbrances need to be addressed

4. Tax Structure: Special provisions regarding tax treatment, used when specific tax arrangements are agreed

5. Third Party Rights: Provisions dealing with existing tenants or other third-party rights, when applicable

6. Phasing Provisions: Used when the option may be exercised in phases or for portions of the property

7. Pre-emptive Rights: Required when there are existing pre-emptive rights that need to be addressed

8. Soil Investigation: Detailed provisions about soil quality investigations, used for potentially contaminated sites

Suggested Schedules

1. Property Plan: Detailed plans and maps showing the property boundaries and relevant features

2. Land Registry Extract: Current extract from the Dutch Land Registry (Kadaster)

3. Purchase Price Calculation: Detailed mechanism or formula for calculating the final purchase price

4. Form of Exercise Notice: Template for the formal notice to exercise the option

5. Due Diligence Documents: List of documents provided or to be provided for due diligence

6. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances

7. Environmental Reports: Any existing environmental surveys or reports

8. Planning Documentation: Relevant zoning and planning documents affecting the property

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

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Relevant Industries

Real Estate

Property Development

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Agriculture

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Relevant Teams

Legal

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Finance

Risk & Compliance

Operations

Commercial

Environmental

Planning & Strategy

Investment

Project Management

Property Management

Relevant Roles

Real Estate Director

Property Developer

Legal Counsel

Development Manager

Investment Manager

Project Manager

Land Acquisition Manager

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Construction Manager

Environmental Consultant

Urban Planner

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Finance Manager

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Sustainability Manager

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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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