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Real Estate Buy And Sell Agreement Template for Netherlands

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Key Requirements PROMPT example:

Real Estate Buy And Sell Agreement

"I need a Real Estate Buy and Sell Agreement for a residential property in Amsterdam, with a standard three-day cooling-off period and including provisions for the existing solar panel lease agreement to be transferred to the buyer."

Document background
The Real Estate Buy And Sell Agreement is a crucial document used in Dutch property transactions to formalize the sale and purchase of real estate. It serves as the preliminary agreement that precedes the mandatory notarial deed of transfer under Dutch law. This document is essential for both residential and commercial property transactions in the Netherlands, incorporating requirements from the Dutch Civil Code, Land Registry Act, and related legislation. It should be used whenever there is a transfer of real estate ownership, whether for private residences, commercial properties, or land. The agreement includes detailed property descriptions, purchase terms, conditions precedent, warranties, and specific Dutch legal requirements such as the three-day cooling-off period for residential properties. It forms the basis for the notarial deed and subsequent property registration with the Kadaster (Land Registry).
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and registration details if applicable

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

3. Definitions: Key terms used throughout the agreement

4. Object of Sale: Detailed description of the property including cadastral details, address, and included items

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

6. Transfer of Ownership: Conditions and timing for legal transfer via notarial deed

7. Current State and Use: Description of the property's current condition and permitted uses

8. Seller's Warranties: Seller's representations regarding property ownership, encumbrances, and condition

9. Buyer's Warranties: Buyer's representations regarding financial capacity and intended use

10. Notary and Transfer Date: Designation of notary and targeted transfer date

11. Transfer Tax and Costs: Allocation of transfer tax, notary fees, and other transaction costs

12. Delivery Requirements: Conditions for property delivery including vacant possession

13. Default and Remedies: Consequences of breach and available remedies

14. Risk Transfer: Timing and conditions for transfer of risk and insurance obligations

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

16. Signing: Execution provisions and signature blocks

Optional Sections

1. Mortgage Contingency: Conditions related to buyer's mortgage financing, used when buyer requires financing

2. Building Inspection: Terms for technical inspection of the property, used for older properties or when requested by buyer

3. Environmental Provisions: Specific terms regarding soil quality and contamination, used for properties with potential environmental concerns

4. Rental Situations: Terms regarding existing tenants, used when property is currently rented

5. Monument Status: Special provisions for listed buildings or monuments, used for protected properties

6. Renovation/Construction: Terms regarding planned or ongoing construction work, used when property requires renovation

7. Agricultural Provisions: Special terms for agricultural land, used when property includes farmland

8. Right of First Refusal: Terms regarding existing rights of first refusal, used when such rights exist

9. Easements: Specific provisions regarding easements or rights of way, used when relevant to the property

10. Energy Performance: Specific provisions regarding energy labels and improvements, used for residential properties

Suggested Schedules

1. Property Description Schedule: Detailed description of the property including boundaries, measurements, and included fixtures

2. Title Documents: Copies of relevant title documents and cadastral registration

3. List of Included Items: Detailed inventory of furniture, fixtures, and fittings included in the sale

4. Environmental Reports: Soil quality reports and environmental assessments

5. Building Inspection Report: Technical inspection findings and property condition assessment

6. Energy Performance Certificate: Current energy label and performance details

7. Zoning Documentation: Current zoning status and permitted use documentation

8. Property Plans: Floor plans, site plans, and architectural drawings

9. Photos: Current photographs of the property and any damage or special features

10. Insurance Documentation: Details of current insurance and claims history

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

Residential Property

Commercial Property

Construction

Banking & Finance

Legal Services

Property Development

Agriculture (for rural properties)

Retail (for commercial properties)

Industrial

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Acquisitions

Development

Investment

Facilities

Risk Management

Relevant Roles

Real Estate Lawyer

Notary

Real Estate Agent

Property Developer

Asset Manager

Property Manager

Legal Counsel

Compliance Officer

Real Estate Investment Manager

Transaction Manager

Development Director

Acquisitions Manager

Real Estate Portfolio Manager

Facilities Manager

Property Valuation Specialist

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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