The Conveyance Agreement is a fundamental document in Dutch property law, used whenever real estate ownership is transferred between parties. This comprehensive agreement serves as the foundation for the property transfer process, detailing all aspects of the transaction including property specifications, purchase price, payment terms, and conditions precedent to transfer. Under Dutch law, while the Conveyance Agreement establishes the contractual obligations between parties, the actual transfer of ownership requires execution of a notarial deed and registration with the Land Registry (Kadaster). The document must comply with requirements set forth in the Dutch Civil Code and related legislation, making it essential for both residential and commercial property transactions in the Netherlands. It protects both parties' interests by clearly defining their rights and obligations, and typically precedes the formal notarial transfer deed.
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1. Parties: Identification of the Seller and Purchaser, including full legal names, addresses, and registration details if applicable
2. Background: Context of the transaction, including brief property history and purpose of the transfer
3. Definitions: Definitions of key terms used throughout the agreement, including Property, Transfer Date, and Purchase Price
4. Property Description: Detailed description of the property including cadastral details, address, and registered particulars
5. Purchase Price: Specification of the purchase price, payment terms, and deposit arrangements
6. Transfer of Ownership: Terms regarding the legal transfer of ownership, including timing and notarial deed requirements
7. Seller's Warranties: Warranties regarding property ownership, encumbrances, and condition
8. Transfer Date and Delivery: Specifics about the transfer date, property delivery, and key handover
9. Costs and Taxes: Allocation of transfer costs, taxes, and notary fees
10. Registration: Provisions regarding land registry registration requirements
11. Default and Remedies: Consequences of breach and available remedies
12. Governing Law: Confirmation of Dutch law governance and jurisdiction
13. Signing: Execution provisions and signature blocks
1. Mortgage Release: Required if the property has existing mortgage(s) that need to be discharged
2. Tenant Provisions: Required if the property is subject to existing tenancy agreements
3. Environmental Provisions: Required if there are environmental issues or soil contamination concerns
4. Planning Permissions: Required if there are ongoing or pending planning applications or restrictions
5. VAT Election: Required if the transfer is subject to VAT rather than transfer tax
6. Heritage Status: Required if the property is listed or has cultural heritage status
7. Parking Rights: Required if separate parking rights or permits are involved
8. Right of First Refusal: Required if there are any pre-existing rights of first refusal
1. Property Details: Detailed property description, including plans and cadastral extracts
2. Title Documents: List of relevant title documents and encumbrances
3. Fixtures and Fittings: Inventory of items included/excluded in the sale
4. Property Searches: Results of local authority and environmental searches
5. Energy Performance Certificate: Current energy performance certificate and related documentation
6. Building Inspection Report: Technical inspection report if conducted
7. Existing Tenancy Agreements: Copies of any current lease or tenancy agreements
8. Planning Documentation: Relevant planning permits and certificates
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