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Agreement For Sale Of Mortgaged Property Template for Netherlands

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Key Requirements PROMPT example:

Agreement For Sale Of Mortgaged Property

"I need an Agreement for Sale of Mortgaged Property for a residential property in Amsterdam with two existing mortgages from different banks, where the buyer requires completion before March 2025 and wants to include specific provisions about ongoing renovation works."

Document background
The Agreement For Sale Of Mortgaged Property is a crucial document used in Dutch real estate transactions where the property being sold has an existing mortgage. This agreement is essential when transferring ownership of mortgaged property in the Netherlands, requiring compliance with the Dutch Civil Code and involvement of a notary. It protects the interests of sellers, buyers, and mortgage lenders by clearly outlining the terms of sale, mortgage discharge requirements, and transfer conditions. The document is particularly important in the Dutch context due to specific legal requirements for property transfers and mortgage arrangements, including mandatory notarial deeds and registration in the Kadaster (Land Registry). It includes provisions for purchase price, payment terms, warranties, and completion requirements, ensuring a secure and legally compliant property transfer while satisfying existing mortgage obligations.
Suggested Sections

1. Parties: Identification of the Seller, Buyer, and current Mortgagee (bank/lender)

2. Background: Context of the sale, including current mortgage status and confirmation that the mortgagee has agreed to the sale

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

4. Property Details: Comprehensive description of the property, including cadastral details and registered encumbrances

5. Purchase Price: Agreed purchase price, payment terms, and mortgage discharge amount

6. Transfer Conditions: Conditions for transfer of title, including mortgage discharge requirements and role of notary

7. Seller's Warranties: Warranties regarding property ownership, mortgage status, and absence of undisclosed encumbrances

8. Completion Requirements: Steps required for completion, including notarial deed execution and registration

9. Costs and Taxes: Allocation of transfer costs, taxes, and notary fees

10. Risk and Insurance: Transfer of risk and insurance obligations

11. Default Provisions: Consequences of default by either party

12. Governing Law: Confirmation of Dutch law application and jurisdiction

Optional Sections

1. Tenant Rights: Required if the property is currently leased to tenants

2. Environmental Provisions: Required if there are known environmental issues or specific requirements

3. Renovation Agreements: Include if there are ongoing or planned renovations affecting the property

4. Multiple Mortgages: Required if there is more than one mortgage on the property

5. Third-Party Rights: Include if there are relevant third-party rights or easements

6. Pre-completion Obligations: Special conditions or obligations before completion

7. Post-completion Obligations: Any ongoing obligations after completion

Suggested Schedules

1. Property Description Schedule: Detailed property description, including floor plans and boundaries

2. Mortgage Details: Complete details of existing mortgage(s) and discharge requirements

3. Title Documents: List of relevant title documents and registered encumbrances

4. Inventory: List of fixtures and fittings included in the sale

5. Condition Report: Current condition of the property and any known defects

6. Payment Schedule: Detailed breakdown of payments and timing

7. Required Consents: Copies of necessary consents from mortgagee and other relevant parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































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Relevant Industries

Real Estate

Banking and Finance

Legal Services

Mortgage Lending

Property Development

Construction

Insurance

Property Management

Relevant Teams

Legal

Real Estate

Mortgages

Compliance

Risk Management

Property Services

Banking Operations

Corporate Services

Transaction Management

Investment

Relevant Roles

Real Estate Lawyer

Property Lawyer

Notary

Mortgage Advisor

Real Estate Agent

Property Manager

Bank Manager

Mortgage Officer

Legal Counsel

Compliance Officer

Property Developer

Real Estate Investment Manager

Transaction Manager

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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