The Intent to Purchase Agreement (Real Estate) is a crucial document in Dutch property transactions, serving as the formal written agreement between parties intending to enter into a real estate purchase transaction. While preliminary in nature, it creates binding obligations under Dutch law and typically includes detailed provisions about the property, purchase price, conditions, and timeline for completion. This document is used when parties have reached agreement on the main terms of a property purchase but need to formalize their intentions before proceeding to the final notarial deed of transfer. It must comply with Dutch civil law requirements and includes mandatory consumer protection provisions such as the three-day cooling-off period for residential properties. The agreement forms the basis for the subsequent property transfer and is typically prepared before involving a notary for the final transfer deed.
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1. Parties: Identification of the seller and purchaser with full legal names, addresses, and registration details if applicable
2. Background: Context of the transaction and brief description of the property
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including address, land registry details, and cadastral information
5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements
6. Due Diligence Period: Timeline and conditions for the buyer's investigation of the property
7. Conditions Precedent: Essential conditions that must be met before the sale can proceed, including financing and permits
8. Warranties and Representations: Seller's declarations regarding the property's condition and legal status
9. Transfer Date: Anticipated date of transfer and conditions around timing
10. Notary Selection: Process for selecting the notary and responsibility for costs
11. Transfer of Risk: Point at which risk transfers from seller to buyer
12. Default and Remedies: Consequences of breach by either party
13. Governing Law: Confirmation of Dutch law application and jurisdiction
14. Execution: Signature blocks and execution requirements
1. Environmental Conditions: Specific provisions regarding environmental issues, used when the property has known environmental concerns or requires investigation
2. Tenant Rights: Details of existing tenancies and their impact on the sale, included when the property is currently leased
3. Monument Status: Special provisions for properties with protected status under Dutch law, included for historical buildings
4. VAT Election: Specific provisions regarding VAT treatment, included for commercial properties or new constructions
5. Mortgage Release: Provisions regarding the release of existing mortgages, included when the property is currently mortgaged
6. Renovation Plans: Details of planned or required renovations, included when specific works are part of the agreement
7. Pre-emption Rights: Acknowledgment of municipal pre-emption rights, included when applicable under Dutch law
8. Building Inspection Contingency: Detailed provisions regarding building inspection requirements and outcomes
1. Property Details Schedule: Detailed description of the property including boundaries, fixtures, and fittings
2. Land Registry Extract: Recent extract from the Dutch Land Registry (Kadaster)
3. List of Inclusions and Exclusions: Detailed inventory of items included and excluded from the sale
4. Known Defects List: Disclosure of known property defects and maintenance issues
5. Environmental Reports: Copies of any environmental surveys or reports
6. Building Permits: Copies of relevant building permits and certificates
7. Property Photos: Photographic documentation of the property's current condition
8. Energy Label: Current energy performance certificate as required by Dutch law
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Property Management
Urban Development
Commercial Property
Residential Property
Housing Associations
Relevant Teams
Legal
Real Estate
Property Development
Commercial
Finance
Investment
Asset Management
Risk Management
Facilities
Acquisitions
Strategy
Relevant Roles
Real Estate Manager
Property Development Manager
Legal Counsel
Contract Manager
Real Estate Agent
Property Surveyor
Notary
Commercial Director
Investment Manager
Asset Manager
Facility Manager
Transaction Manager
Property Portfolio Manager
Real Estate Investment Analyst
Chief Financial Officer
Chief Executive Officer
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