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Deed Of Sale With Assume Balance Template for Netherlands

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Key Requirements PROMPT example:

Deed Of Sale With Assume Balance

"I need a Deed of Sale with Assume Balance for a residential property in Amsterdam, where the buyer will assume my existing mortgage balance of €450,000, with the property transfer to be completed by March 2025."

Document background
The Deed of Sale with Assume Balance is a specialized legal instrument used in the Netherlands when transferring property ownership while simultaneously transferring existing financial obligations. This document is particularly relevant in situations where buyers wish to take over the seller's existing mortgage, often resulting in potential cost savings and simplified transaction processes. It requires careful consideration of both property law and financial regulations, as it involves not only the transfer of real estate but also the assumption of debt obligations. The deed must comply with Dutch Civil Code requirements and be executed before a civil law notary. It typically includes comprehensive details about the property, financial terms, warranties, and specific conditions related to the assumption of the existing balance. This type of deed is commonly used in both residential and commercial property transactions where maintaining existing financing arrangements is advantageous to all parties.
Suggested Sections

1. Parties: Identification of the Seller, Buyer, and any relevant financial institutions involved in the existing mortgage

2. Background: Context of the sale, including current ownership status and existing mortgage/loan situation

3. Definitions: Key terms used throughout the deed, including property-specific and financial terms

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

5. Purchase Price and Payment Terms: Breakdown of purchase price, existing balance to be assumed, and any additional payments

6. Assumption of Existing Balance: Detailed terms of the balance/mortgage assumption, including outstanding amount and conditions

7. Transfer of Ownership: Conditions and process for legal transfer of the property

8. Seller's Warranties: Seller's declarations regarding property condition, existing claims, and encumbrances

9. Buyer's Warranties: Buyer's declarations regarding financial capacity and assumption of obligations

10. Completion Requirements: Steps required to complete the transfer and assumption of balance

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

12. Costs and Taxes: Allocation of transaction costs, transfer tax, and other expenses

Optional Sections

1. Environmental Provisions: Required when there are known environmental issues or specific environmental warranties needed

2. Rental Agreements: Include when the property is currently rented or has existing tenants

3. Mortgage Broker Provisions: Required when a mortgage broker is involved in arranging the assumption of balance

4. Special Conditions: For any unique circumstances or additional agreements between parties

5. Building Inspection Results: Include when a recent building inspection has been conducted

6. Energy Performance: Required when specific energy performance guarantees or certificates are part of the transaction

Suggested Schedules

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

2. Existing Mortgage Details: Complete details of the mortgage being assumed, including payment history and terms

3. Land Registry Extracts: Official extracts from the Land Registry showing current ownership and encumbrances

4. Payment Schedule: Detailed breakdown of all payments, including assumed balance and any additional payments

5. Property Photographs: Documentary photographs of the property's current condition

6. List of Included Items: Inventory of items included in the sale

7. Maintenance History: Documentation of recent maintenance and repairs

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

Banking and Finance

Legal Services

Property Development

Property Management

Mortgage Services

Construction

Housing Associations

Urban Development

Relevant Teams

Legal

Real Estate

Property Management

Finance

Compliance

Risk Management

Operations

Sales

Business Development

Investment

Relevant Roles

Real Estate Lawyer

Notary

Property Manager

Real Estate Agent

Mortgage Advisor

Banking Officer

Property Developer

Real Estate Investment Manager

Compliance Officer

Legal Counsel

Property Acquisition Manager

Real Estate Transaction Coordinator

Risk Manager

Financial Controller

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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