The Agreement To Sell (Real Estate) is a crucial legal document used in Dutch property transactions when parties wish to formalize the sale and purchase of real estate in the Netherlands. This document is typically prepared after initial negotiations and before the final notarial deed of transfer, serving as the binding agreement between parties. It must comply with Dutch Civil Code requirements and includes essential elements such as property description, purchase price, conditions precedent, and warranties. The agreement forms the basis for the notary to prepare the final deed of transfer and ensures all legal requirements under Dutch law are satisfied. It's particularly important as real estate transfers in the Netherlands must be executed through a notarial deed, making this preliminary agreement a vital step in the property transfer process.
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1. Parties: Identification of the seller and buyer with full legal names, addresses, and registration details if applicable
2. Background: Context of the sale 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 address, land registry details, and size
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Transfer of Ownership: Conditions and process for legal transfer of the property
7. Seller's Warranties: Warranties regarding property ownership, encumbrances, and condition
8. Buyer's Warranties: Warranties regarding financial capacity and intended use of the property
9. Completion: Details of the completion process, including notary appointment and timing
10. Costs and Taxes: Attribution of transaction costs and tax obligations
11. Risk and Insurance: Transfer of risk and insurance obligations
12. Default and Termination: Consequences of breach and termination rights
13. Notices: Process for formal communications between parties
14. Governing Law: Confirmation of Dutch law application and jurisdiction
1. Tenant Rights: Required if the property is currently leased, detailing existing tenancy agreements and transfer of landlord obligations
2. Mortgage Release: Include if the property has existing mortgage that needs to be discharged
3. Environmental Conditions: Required if there are known environmental issues or specific soil conditions
4. Planning Permissions: Include if there are pending planning applications or restrictions
5. Fixtures and Fittings: Detailed list of items included/excluded from sale if not standard
6. Renovation Works: Include if there are ongoing or planned renovation works
7. Financial Arrangements: Required if there are special financing conditions or installment payments
8. Pre-emption Rights: Include if there are any pre-emption rights held by third parties
1. Property Details: Detailed technical description of the property, including floor plans and measurements
2. Land Registry Extract: Official extract from the Land Registry (Kadaster)
3. List of Fixtures and Fittings: Comprehensive inventory of items included in the sale
4. Property Inspection Report: Technical inspection report detailing property condition
5. Environmental Reports: Any relevant environmental or soil investigation reports
6. Planning Documents: Relevant zoning and planning documentation
7. Energy Performance Certificate: Mandatory energy performance certificate (Energielabel)
8. Photos and Plans: Visual documentation of the property condition and layout
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