Buy Sell Agreement (Real Estate) Template for Netherlands

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Key Requirements PROMPT example:

Buy Sell Agreement (Real Estate)

"I need a Buy Sell Agreement (Real Estate) for a residential property purchase in Amsterdam, with a completion date of March 15, 2025, including standard inspection and financing contingencies for a first-time home buyer."

Document background
The Buy Sell Agreement (Real Estate) is a fundamental legal document used in Dutch property transactions to formalize the sale and purchase of real estate in the Netherlands. This agreement is essential whenever real property is being transferred between parties and must conform to specific requirements under Dutch law, particularly the Dutch Civil Code. It serves as the primary contract documenting the agreed terms of sale, including property details, price, conditions, and warranties. The document is typically prepared following initial negotiations and before the mandatory notarial deed of transfer (leveringsakte), forming the basis for the eventual transfer of ownership. It must address specific Dutch legal requirements such as the three-day cooling-off period for residential properties, soil quality declarations, and any applicable municipal pre-emptive rights. The agreement is particularly important as it establishes binding obligations between parties before the formal transfer occurs at the notary's office.
Suggested Sections

1. Parties: Identification and details of the Seller and Buyer, including full legal names, addresses, and registration details if applicable

2. Background: Context of the transaction 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 included fixtures and fittings

5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements

6. Transfer of Ownership: Conditions and process for legal transfer of the property, including notarial deed requirements

7. Completion Date: Specified date for completion of the transaction and transfer of ownership

8. Seller's Warranties: Warranties regarding property ownership, encumbrances, and condition

9. Buyer's Warranties: Warranties regarding financial capacity and compliance with anti-money laundering requirements

10. Property Condition: Current state of the property and accepted condition for transfer

11. Rights and Obligations: Ongoing rights and obligations of both parties until completion

12. Costs and Taxes: Allocation of transaction costs and tax obligations

13. Default and Remedies: Consequences of breach and available remedies

14. Notices: Process and requirements for formal communications between parties

15. Governing Law: Confirmation of Dutch law application and jurisdiction

16. Execution: Signature blocks and execution requirements

Optional Sections

1. Mortgage Contingency: Include when buyer's purchase is contingent on obtaining mortgage financing

2. Building Inspection: Include when agreement is subject to satisfactory building inspection

3. Environmental Conditions: Include when property has known environmental issues or requires investigation

4. Rental Situations: Include when property is currently rented or has sitting tenants

5. Monument Status: Include when property is a listed building or monument

6. Ground Lease: Include when property is subject to ground lease (erfpacht)

7. Parking Arrangements: Include when separate parking rights or permits are involved

8. Pre-emption Rights: Include when there are municipal or other pre-emption rights

9. Renovation Agreements: Include when specific renovations are agreed as part of the sale

10. Association of Owners: Include for apartments or properties with shared ownership elements

Suggested Schedules

1. Property Details: Detailed description of property including cadastral maps and drawings

2. Fixtures and Fittings List: Itemized list of included and excluded items

3. Land Registry Extract: Recent extract from the Land Registry (Kadaster)

4. Energy Performance Certificate: Current energy performance certificate for the property

5. Building Inspection Report: Results of building inspection if conducted

6. Environmental Reports: Any environmental surveys or soil investigation reports

7. Planning Documents: Relevant zoning and planning documentation

8. Property Photographs: Current photographs documenting property condition

9. Insurance Certificates: Relevant property insurance documentation

10. VvE Documents: Association of Owners documentation if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Residential Property

Commercial Property

Legal Services

Financial Services

Construction

Property Development

Property Management

Urban Development

Housing

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Investment

Development

Sales

Operations

Risk Management

Relevant Roles

Real Estate Lawyer

Property Developer

Real Estate Agent

Notary

Property Manager

Real Estate Investment Manager

Legal Counsel

Compliance Officer

Real Estate Broker

Property Surveyor

Transaction Manager

Asset Manager

Development Director

Real Estate Portfolio Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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