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Seller Financing Addendum Template for Netherlands

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Key Requirements PROMPT example:

Seller Financing Addendum

"I need a Seller Financing Addendum for a commercial property sale in Amsterdam, with a 5-year financing term starting March 1, 2025, 6.5% interest rate, and monthly payments, including specific default provisions for commercial tenants."

Document background
The Seller Financing Addendum is utilized in Dutch property transactions where traditional bank financing is either not preferred or not available, enabling the seller to finance the buyer's purchase directly. This arrangement requires careful structuring to comply with Dutch financial regulations, property laws, and consumer protection requirements. The document supplements the main purchase agreement by detailing financing terms, security arrangements, payment schedules, and default remedies. It must be executed before a Dutch notary and properly registered to ensure enforceability. The addendum becomes particularly relevant in situations involving commercial property transactions, specialized properties, or cases where buyers may face challenges obtaining traditional mortgage financing. Key considerations include compliance with the Financial Supervision Act (Wet op het financieel toezicht) and proper registration under the Cadastre Act (Kadasterwet).
Suggested Sections

1. Parties: Identification of the Seller-Financier and Buyer-Borrower with full legal names and addresses

2. Background: Reference to the main purchase agreement, purchase price, and context for the seller financing arrangement

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

4. Loan Amount and Terms: Specification of the financed amount, interest rate, and loan term

5. Payment Schedule: Detailed description of payment obligations, including amounts, due dates, and payment methods

6. Security Arrangements: Description of mortgage rights and other security interests securing the loan

7. Default and Remedies: Consequences of default and available remedies for the seller

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

9. Registration and Notarial Requirements: Requirements for registering the mortgage and notarial execution

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

Optional Sections

1. Prepayment Provisions: Terms for early repayment of the loan, used when early repayment is allowed

2. Insurance Requirements: Specific insurance obligations for the property, used when additional insurance is required

3. Transfer Restrictions: Limitations on property transfer during the financing period, used for higher-risk arrangements

4. Tax Considerations: Special tax arrangements or obligations, used when specific tax issues need addressing

5. Alternative Dispute Resolution: Mediation or arbitration procedures, used when parties prefer alternative dispute resolution

6. Property Maintenance Requirements: Specific maintenance obligations, used when property condition is crucial to security value

Suggested Schedules

1. Amortization Schedule: Detailed breakdown of payments showing principal and interest allocations

2. Property Description: Legal description and details of the property being financed

3. Payment Instructions: Detailed payment procedures and bank account information

4. Property Valuation Report: Professional valuation of the property securing the loan

5. Deed of Mortgage: Standard form mortgage deed to be executed

6. Credit Check Documentation: Results of buyer's credit assessment and financial capability

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

Financial Services

Property Development

Construction

Housing

Commercial Property

Residential Property

Professional Services

Legal Services

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Property Management

Contract Administration

Business Development

Transaction Advisory

Relevant Roles

Real Estate Attorney

Property Lawyer

Notary

Real Estate Agent

Property Developer

Financial Manager

Contract Manager

Legal Counsel

Real Estate Manager

Finance Director

Property Manager

Transaction Manager

Compliance Officer

Risk Manager

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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