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Deed Of Contract To Sell Template for Netherlands

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Key Requirements PROMPT example:

Deed Of Contract To Sell

"I need a Deed of Contract to Sell for a commercial property in Amsterdam that includes specific provisions for existing tenant rights and transfer of ongoing service contracts, with the transfer planned for March 2025."

Document background
The Deed of Contract to Sell is a crucial document in Dutch property transactions, forming the foundation of the property transfer process. This document is required whenever real estate is bought or sold in the Netherlands, whether for residential, commercial, or industrial purposes. It precedes the final notarial deed of transfer and contains all essential elements required by Dutch law for a valid property sale agreement. The document must comply with requirements set forth in the Dutch Civil Code (Burgerlijk Wetboek) and includes detailed information about the property, parties involved, purchase price, transfer conditions, and any special provisions or contingencies. It serves as the primary agreement that binds both parties to the transaction and forms the basis for the notary to prepare the final transfer deed.
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and other required identification details as per Dutch law

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

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

4. Property Description: Detailed legal description of the property including cadastral details, address, and registered encumbrances

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

6. Transfer of Ownership: Conditions and timing for the transfer of ownership through notarial deed

7. State of the Property: Current condition of the property, known defects, and warranties

8. Use of Property: Current and permitted use of the property, zoning status

9. Transfer Date: Agreed date for transfer of ownership and possession

10. Seller's Obligations: Obligations of the seller until transfer, including maintenance and insurance

11. Buyer's Obligations: Obligations of the buyer, including payment and financing arrangements

12. Risk Transfer: Point at which risk transfers from seller to buyer

13. Default Provisions: Consequences of breach by either party

14. Notary Selection: Designation of the notary responsible for executing the transfer deed

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

Optional Sections

1. Mortgage Provisions: Include when buyer requires mortgage financing, detailing conditions and deadlines

2. Rental Situation: Include when property is currently rented, detailing tenant rights and obligations

3. Environmental Clauses: Include when there are environmental issues or investigations pending

4. Building Inspection: Include when a building inspection is required as a condition

5. Asbestos Clause: Include for properties built before 1994 where asbestos might be present

6. Monument Status: Include if the property is a listed monument with special requirements

7. Ground Lease: Include if the property is subject to ground lease (erfpacht)

8. Owners Association: Include for apartments detailing VvE (owners association) matters

Suggested Schedules

1. Property Details: Detailed description of the property including floor plans and measurements

2. List of Inclusions: Inventory of items included in the sale

3. List of Exclusions: Inventory of items explicitly excluded from the sale

4. Cadastral Maps: Official property maps and cadastral documentation

5. Energy Label: Current energy performance certificate

6. Property Photographs: Recent photographs documenting the property's condition

7. Building Inspection Report: If applicable, the full building inspection report

8. VvE Documents: If applicable, relevant owners association documents and financial statements

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







































Clauses








































Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Legal Services

Property Management

Commercial Property

Residential Property

Urban Development

Agriculture (for rural properties)

Retail (for commercial properties)

Industrial

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Business Development

Operations

Facilities

Asset Management

Contract Administration

Document Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Notary

Legal Counsel

Contract Manager

Property Developer

Asset Manager

Facilities Manager

Real Estate Investment Manager

Commercial Director

Business Development Manager

Legal Operations 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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