The Letter of Agreement to Sell Property is a crucial document in Dutch property transactions, serving as the initial binding agreement between buyer and seller before the final notarial deed is executed. This document is typically used after parties have reached verbal agreement on the main terms of the sale but before the formal transfer process begins. It includes essential information such as property details, purchase price, completion date, and any specific conditions that must be met. Under Dutch law, while this agreement is preliminary in nature, it creates legally binding obligations for both parties. The document must comply with requirements set out in the Dutch Civil Code (Burgerlijk Wetboek) and should be drafted with sufficient clarity to avoid potential disputes and ensure a smooth progression to the final property transfer.
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1. Parties: Full legal names and addresses of the seller(s) and buyer(s)
2. Property Details: Complete description of the property including address, land registry details, and cadastral information
3. Purchase Price: The agreed purchase price, payment terms, and deposit requirements
4. Transfer Date: Proposed date of transfer (completion date) and arrangements for the notarial deed
5. Current State: Confirmation that the property will be delivered in its current state, with any specific agreements about condition
6. Title Guarantee: Seller's confirmation of clear title and no encumbrances except those disclosed
7. Key Handover: Arrangements for property inspection and key handover
8. Closing Requirements: List of conditions that must be met before completion
9. Signatures: Space for dated signatures of all parties
1. Mortgage Clause: Include when buyer requires mortgage financing to complete the purchase
2. Building Inspection: Include when buyer wishes to conduct a building inspection as a condition of purchase
3. Asbestos Clause: Include for properties built before 1994 to address potential asbestos presence
4. Ground Lease: Include if the property is subject to ground lease (erfpacht)
5. Occupancy Details: Include if property is currently leased or if there are specific arrangements about vacancy
6. National Monument: Include if the property is a listed building or national monument with special requirements
1. Property Specification: Detailed description of the property including all fixed items included in the sale
2. List of Inclusions: Inventory of moveable items included in the sale
3. List of Exclusions: Inventory of items specifically excluded from the sale
4. Known Defects: List of known defects or maintenance issues
5. Energy Performance Certificate: Copy of the mandatory energy performance certificate (energielabel)
6. Property Photographs: Recent photographs documenting the current state of the property
7. Land Registry Extract: Recent extract from the Land Registry (Kadaster) showing ownership and encumbrances
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