The Purchase Contract (Real Estate) is a fundamental legal document used in the Netherlands for all real estate transactions, whether residential or commercial. This contract type is essential under Dutch law and forms the basis for the subsequent notarial deed of transfer (leveringsakte). It must be used whenever real property is being transferred from one party to another in the Netherlands, encompassing both private and commercial transactions. The document typically includes detailed property descriptions, purchase price, conditions precedent, warranties, and specific provisions required by Dutch law. The involvement of a notary is mandatory for the eventual transfer, and the contract serves as the foundation for the notarial deed. This Purchase Contract (Real Estate) must comply with Books 3 and 7 of the Dutch Civil Code and includes provisions for both mandatory cooling-off periods for residential properties and specific consumer protection measures where applicable.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and other relevant details
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. Object of Sale: Detailed description of the property including address, land registry details, and included items
5. Purchase Price: Specification of the purchase price, payment terms, and deposit arrangements
6. Transfer of Ownership: Details about the transfer deed (levering) and appointment of notary
7. Current State of the Property: Description of the property's condition and any known defects
8. Use of the Property: Current and permitted use of the property, including relevant zoning information
9. Transfer Date: Specified date for transfer of ownership and conditions for extension
10. Risk Transfer: Moment of transfer of risk and insurance obligations
11. Seller's Warranties: Standard warranties regarding ownership, encumbrances, and property condition
12. Buyer's Warranties: Confirmations regarding financial capacity and understanding of the property's condition
13. Default and Remedies: Consequences of breach and available remedies
14. Notary: Designation of notary and arrangements for completion
15. Costs and Taxes: Distribution of transaction costs and tax obligations
16. Notices: Communication procedures between parties
17. Governing Law: Confirmation of Dutch law application and jurisdiction
18. Signing: Execution provisions and signature blocks
1. Financing Condition: Condition precedent regarding buyer's ability to obtain mortgage financing
2. Building Inspection: Provisions for technical inspection of the property
3. Asbestos Clause: Specific provisions regarding presence or removal of asbestos
4. Soil Quality: Provisions regarding soil pollution and investigations
5. Renovation Agreement: Agreements about permitted renovations before or after transfer
6. Rental Situation: Details about existing tenants and rental agreements if applicable
7. Monument Status: Special provisions if the property is a listed monument
8. Energy Performance: Specific agreements about energy labels and improvements
9. Pre-completion Occupation: Arrangements if buyer wishes to occupy before completion
10. Neighbors' Rights: Specific provisions about neighbors' rights or ongoing disputes
1. Property Description: Detailed description including floor plans and cadastral maps
2. List of Included Items: Inventory of fixtures, fittings, and other items included in the sale
3. Land Registry Extract: Recent extract from the Land Registry (Kadaster)
4. Disclosed Documents: List of all documents provided by seller during due diligence
5. Environmental Reports: Any environmental or soil investigation reports
6. Building Inspection Report: Technical inspection reports if conducted
7. Energy Performance Certificate: Copy of the energy label or performance certificate
8. Photographic Schedule: Photos documenting the current state of the property
9. Planning Documents: Relevant zoning and planning documentation
10. Insurance Certificates: Details of existing insurance and claims history
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Real Estate
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Construction
Property Development
Banking
Insurance
Public Sector
Professional Services
Relevant Teams
Legal
Real Estate
Compliance
Risk Management
Corporate Development
Facilities Management
Asset Management
Property Management
Transaction Advisory
Investment
Operations
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Notary
Legal Counsel
Property Developer
Investment Manager
Asset Manager
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Real Estate Broker
Corporate Lawyer
Transaction Manager
Real Estate Consultant
Compliance Officer
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