The As Is Real Estate Contract is specifically designed for property transactions in the Netherlands where the seller wishes to transfer the property in its current condition with limited warranties. This document type is particularly useful for properties that may have known issues, require renovation, or where the seller wants to minimize post-sale liability. It incorporates all necessary elements required by Dutch law, including mandatory cooling-off periods and notarial requirements, while explicitly documenting the buyer's acceptance of the property's current condition. The contract balances the seller's need to limit warranties with the buyer's right to certain mandatory disclosures under Dutch law, making it particularly suitable for commercial transactions or sales of older properties.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers for any legal entities
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, address, and size
5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements
6. 'As Is' Provisions: Explicit statements regarding the 'as is' nature of the sale and limitations of seller's warranties
7. Transfer of Ownership: Conditions and process for transfer of ownership, including notarial deed requirements
8. Seller's Warranties: Limited warranties provided by seller, specifically adapted for an 'as is' sale
9. Buyer's Acknowledgments: Buyer's explicit acknowledgments regarding the condition of the property and 'as is' nature
10. Known Defects: Disclosure of known defects or issues with the property
11. Transfer Date: Agreed date for transfer of ownership and possession
12. Costs and Taxes: Allocation of transaction costs, transfer tax, and notary fees
13. Default Provisions: Consequences of breach by either party
14. Notices: Process for formal communications between parties
15. Governing Law: Confirmation of Dutch law application and jurisdiction
1. Mortgage Arrangements: Include when buyer requires mortgage financing, specifying conditions and deadlines
2. Environmental Provisions: Include when property has known environmental issues or requires specific environmental warranties
3. Rental Situation: Include when property is currently rented or has existing tenancy agreements
4. Building Inspection Clause: Include when buyer reserves right to conduct building inspection despite 'as is' nature
5. Asbestos Clause: Include for properties built before 1994 where asbestos might be present
6. Monument Status: Include when property is a listed building or monument
7. Soil Contamination: Include when there are known or suspected soil contamination issues
8. Easements: Include when specific easements or rights of way affect the property
9. Private Law Restrictions: Include when there are specific private law restrictions affecting the property
10. Energy Performance: Include specific provisions about energy performance when selling certain types of buildings
1. Property Details: Detailed technical description of the property including cadastral maps and drawings
2. List of Inclusions: Inventory of items included in the sale
3. List of Exclusions: Inventory of items explicitly excluded from the sale
4. Known Defects Report: Detailed listing of all known defects and current condition issues
5. Environmental Reports: Any existing environmental surveys or reports
6. Energy Performance Certificate: Mandatory energy performance certificate
7. Land Registry Extract: Recent extract from the Land Registry (Kadaster)
8. Photographs: Documentary photographs of the property's current condition
9. Building Plans: Available building plans and permits
10. Previous Surveys: Any existing survey reports or property inspections
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Banking & Finance
Legal Services
Insurance
Investment & Asset Management
Commercial Property
Residential Property
Industrial Property
Retail Property
Agriculture & Farming
Hospitality & Tourism
Relevant Teams
Legal
Real Estate
Property Management
Asset Management
Risk & Compliance
Investment
Operations
Facilities
Corporate Services
Business Development
Finance
Due Diligence
Relevant Roles
Real Estate Attorney
Property Lawyer
Real Estate Agent
Property Manager
Asset Manager
Investment Manager
Legal Counsel
Notary
Property Developer
Real Estate Investment Analyst
Risk Manager
Compliance Officer
Property Surveyor
Facilities Manager
Real Estate Portfolio Manager
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