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Option Agreement (Real Estate) Template for Netherlands

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Key Requirements PROMPT example:

Option Agreement (Real Estate)

"I need a Real Estate Option Agreement for a commercial property in Amsterdam, where my company wants the right to purchase the property for €2.5M until March 2025, with the option conditional upon obtaining development permits."

Document background
The Option Agreement (Real Estate) is a crucial document in Dutch property transactions, used when a party wishes to secure the right to purchase a property without immediate commitment to the purchase. This agreement is particularly relevant in development projects, strategic acquisitions, or when parties need time for due diligence and financing arrangements. Under Dutch law, the agreement must comply with specific requirements of the Dutch Civil Code regarding property rights and transfers. It typically includes detailed provisions about the property, exercise price, option period, conditions for exercise, and completion requirements. The document serves as a binding preliminary agreement that can lead to a full property transfer if the option is exercised.
Suggested Sections

1. Parties: Identification of the option grantor (property owner) and option holder, including full legal names and addresses

2. Background: Context of the agreement, including property details and purpose of the option

3. Definitions: Key terms used throughout the agreement, including Property, Option Period, Exercise Price, and Completion Date

4. Grant of Option: Core terms of the option, including the right to purchase and any exclusivity provisions

5. Option Period: Duration of the option and any extension mechanisms

6. Exercise Price: Purchase price and payment terms if the option is exercised

7. Exercise of Option: Process and formalities for exercising the option

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

9. Due Diligence: Rights and obligations regarding property investigation and documentation

10. Property Access: Terms for accessing the property during the option period

11. Representations and Warranties: Statements of fact and assurances from both parties

12. Completion: Process and requirements for completing the purchase if option is exercised

13. Termination: Circumstances under which the agreement can be terminated

14. Notices: Communication requirements and contact details

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

Optional Sections

1. Option Premium: Include when there is a separate payment for the option itself

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

3. Environmental Provisions: Include when environmental investigations or remediation may be required

4. Financing Conditions: Include when the option holder requires financing arrangements

5. Assignment Rights: Include when transfer of the option rights needs to be addressed

6. Break Fee: Include when compensation is payable if certain parties withdraw

7. Tax Provisions: Include specific tax arrangements or VAT elections if applicable

8. Broker Provisions: Include when real estate agents are involved in the transaction

Suggested Schedules

1. Property Description: Detailed legal description of the property, including cadastral details

2. Title Documents: List of relevant title documents and encumbrances

3. Form of Exercise Notice: Template notice for exercising the option

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

5. Permitted Development: Details of any agreed development plans or restrictions

6. Current Leases: Details of any existing tenancies or occupational leases

7. Environmental Reports: Summary or copies of environmental surveys or reports

8. Property Plans: Maps and plans showing the property boundaries and features

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












































Clauses



































Relevant Industries

Real Estate

Construction

Property Development

Retail

Hospitality

Industrial

Logistics

Healthcare

Education

Agriculture

Energy

Commercial Office Space

Banking & Finance

Relevant Teams

Legal

Real Estate

Commercial

Development

Finance

Risk & Compliance

Property Management

Investment

Asset Management

Operations

Strategy

Acquisitions

Relevant Roles

Real Estate Manager

Property Developer

Commercial Director

Legal Counsel

Property Lawyer

Investment Manager

Asset Manager

Acquisition Manager

Development Director

Finance Director

Real Estate Broker

Facilities Manager

Property Portfolio 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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