The Advance Agreement For Land Purchase is a critical document in Dutch real estate transactions, used when parties wish to formalize their commitment to a land purchase while allowing time for due diligence, financing arrangements, or the fulfillment of specific conditions. This agreement, governed by Dutch law, particularly the Burgerlijk Wetboek, serves as a binding commitment between parties before the execution of the final notarial deed. It typically includes detailed property descriptions, financial terms, conditions precedent, due diligence requirements, and completion timelines. The document is especially important in commercial and development contexts where complex conditions need to be met before final transfer, or when there is a significant time gap between initial agreement and completion. It provides security for both parties while maintaining flexibility for necessary preparations before the final transfer.
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1. Parties: Identification of the seller and purchaser with full legal names, addresses, and registration details
2. Background: Context of the transaction, including brief description of the property and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the land, including cadastral details, boundaries, and total area
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Conditions Precedent: Conditions that must be satisfied before the final purchase can proceed
7. Due Diligence: Buyer's rights and timeframe for conducting due diligence investigations
8. Title and Transfer: Provisions regarding clean title, transfer process, and registration requirements
9. Representations and Warranties: Seller's declarations regarding property ownership, encumbrances, and condition
10. Completion: Process and requirements for completing the final purchase
11. Default and Termination: Consequences of breach and circumstances allowing termination
12. Notices: How formal communications between parties should be made
13. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction
14. Execution: Signature blocks and execution requirements
1. Environmental Conditions: Required when there are known or potential environmental issues affecting the property
2. Planning and Zoning: Include when specific development plans or zoning requirements affect the purchase
3. Tenant Rights: Required when the property has existing tenants or lease agreements
4. Financing Conditions: Include when purchase is contingent on buyer obtaining financing
5. Agricultural Rights: Required when the land has agricultural designation or existing farming rights
6. Monument Status: Include when property has protected status or historical significance
7. Ground Lease Provisions: Required when the land is subject to ground lease (erfpacht)
8. Construction Requirements: Include when specific building obligations or restrictions apply
1. Property Plan: Cadastral maps and property boundaries
2. Title Documents: Copies of relevant title documents and land registry extracts
3. Environmental Reports: Results of environmental surveys and investigations
4. Planning Certificates: Current zoning certificates and planning permissions
5. Property Photographs: Current photographs documenting the property condition
6. Existing Encumbrances: Details of any existing rights, restrictions, or easements
7. Payment Schedule: Detailed breakdown of payment terms and installments
8. Due Diligence Checklist: List of required investigations and documentation
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Agriculture
Commercial Development
Industrial
Retail
Residential Development
Infrastructure
Energy
Hospitality
Logistics
Urban Planning
Relevant Teams
Legal
Real Estate
Property Development
Commercial
Finance
Compliance
Environmental
Facilities
Project Management
Investment
Risk Management
Corporate Development
Relevant Roles
Real Estate Director
Property Developer
Legal Counsel
Real Estate Manager
Investment Manager
Development Manager
Acquisition Manager
Project Manager
Finance Director
Commercial Director
Construction Manager
Environmental Compliance Officer
Property Surveyor
Facilities Manager
Real Estate Agent
Land Acquisition Specialist
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