The Commercial Real Estate LOI (Loi Commercial (Real Estate)) is a crucial preliminary document used in Dutch property transactions to establish the framework for negotiations between potential buyers and sellers of commercial real estate. This document is typically employed at the initial stages of a transaction, after preliminary interest has been expressed but before detailed due diligence begins. It serves to document the parties' intentions and key commercial terms while providing certain binding provisions regarding exclusivity and confidentiality. Under Dutch law, while the LOI is generally considered non-binding regarding the main transaction, certain provisions can create legally binding obligations. The document typically precedes the more detailed purchase agreement and is particularly important in the Dutch market where formal documentation of preliminary agreements is common practice in commercial real estate transactions.
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1. Parties: Identification of the potential seller and buyer, including full legal names, registration numbers, and addresses
2. Background: Brief description of the property and the parties' intention to enter into a potential transaction
3. Definitions: Key terms used in the LOI, including Property, Transaction, Due Diligence Period, and Exclusivity Period
4. Property Description: Detailed description of the property including address, land registry details, and current use
5. Purchase Price: Proposed purchase price or price range, including any VAT considerations
6. Due Diligence: Scope, duration, and process for the buyer's due diligence investigation
7. Exclusivity: Agreement on exclusive negotiations for a specified period
8. Confidentiality: Obligations regarding confidential information exchange
9. Timeline: Proposed timeline for due diligence, negotiations, and target closing date
10. Costs: Allocation of costs related to the transaction and LOI process
11. Non-Binding Nature: Clear statement about which provisions are binding and non-binding
12. Governing Law: Confirmation of Dutch law as governing law and jurisdiction
1. Financing Condition: Include when buyer requires external financing, specifying conditions and timeline
2. Environmental Conditions: Include when there are known environmental issues or specific environmental investigations required
3. Existing Leases: Include when property has existing tenants, addressing treatment of lease agreements
4. Development Potential: Include when future development or renovation is part of the transaction consideration
5. Board Approval: Include when either party requires board or shareholder approval
6. Break Fee: Include when parties want to establish compensation for breaking exclusivity
7. Property Management: Include when discussing interim management arrangements
8. Special Conditions: Include for property-specific conditions or requirements
1. Property Details: Detailed description of the property, including maps, plans, and land registry excerpts
2. Commercial Terms Summary: Overview of key commercial terms including price, payment structure, and key conditions
3. Due Diligence Requirements: List of required documents and information for due diligence
4. Timeline Overview: Detailed timeline with key dates and milestones
5. Existing Lease Overview: Summary of current lease agreements if applicable
6. Technical Information: Overview of technical aspects of the property including maintenance status
7. Known Encumbrances: List of known encumbrances, easements, or restrictions
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Property Development
Retail
Office Space
Industrial & Logistics
Hospitality
Healthcare Facilities
Data Centers
Mixed-use Development
Sustainable Buildings
Relevant Teams
Legal
Real Estate
Investment
Asset Management
Property Management
Business Development
Finance
Risk Management
Commercial
Acquisitions
Development
Transactions
Portfolio Management
Relevant Roles
Real Estate Director
Property Development Manager
Investment Manager
Legal Counsel
Commercial Director
Asset Manager
Acquisition Manager
Property Manager
Transaction Manager
Chief Investment Officer
Head of Real Estate
Portfolio Manager
Development Director
Real Estate Finance Manager
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