Deed Of Sale Of Real Property Template for Netherlands

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Key Requirements PROMPT example:

Deed Of Sale Of Real Property

"I need a Deed of Sale of Real Property for the transfer of a listed monument office building in Amsterdam, including specific provisions for monument preservation and current tenant rights, with completion planned for March 2025."

Document background
The Deed of Sale of Real Property is a fundamental legal document in Dutch real estate transactions, required whenever real property ownership is transferred between parties. This document, which must be executed as a notarial deed under Dutch law, serves as the legal foundation for property transfers in the Netherlands. It is used in both residential and commercial property transactions, containing crucial information about the property, parties involved, purchase price, and various legal warranties and declarations. The deed must comply with requirements set forth in the Dutch Civil Code and related legislation, and its execution is strictly regulated through the notarial system. The document's importance extends beyond the immediate transaction, as it forms part of the public record through the Land Registry (Kadaster) and affects future property dealings.
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) with full legal names, addresses, and other required personal details

2. Background: Brief context of the transaction and confirmation of seller's ownership

3. Definitions: Definitions of key terms used throughout the deed

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 and delivery of the property

7. State of the Property: Description of the property's current condition and any known defects

8. Seller's Warranties: Standard warranties from the seller regarding ownership, encumbrances, and property condition

9. Buyer's Warranties: Warranties from the buyer regarding financial capacity and understanding of the property's condition

10. Transfer Tax and Costs: Allocation of transfer tax, notary fees, and other transaction costs

11. Risk Transfer: Provisions regarding transfer of risk and insurance obligations

12. Registration: Provisions regarding registration in the Land Registry (Kadaster)

13. Notarial Closing: Requirements and arrangements for the notarial transfer deed

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

Optional Sections

1. Mortgage Provisions: Include when buyer is financing the purchase with a mortgage

2. Rental Situation: Include when the property is currently rented or has rental history

3. Environmental Clauses: Include when there are known environmental issues or specific soil conditions

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

5. Parking Provisions: Include when separate parking rights or permits are involved

6. VvE (Owners Association) Provisions: Include for apartments or properties with shared facilities

7. Building Inspection Clause: Include when a building inspection is part of the agreement

8. Asbestos Clause: Include for properties built before 1994 where asbestos might be present

9. Subject to Financing Clause: Include when the purchase is conditional on buyer obtaining financing

10. Agricultural Provisions: Include when the property includes agricultural land or rights

Suggested Schedules

1. Property Plans: Cadastral maps and floor plans of the property

2. List of Inclusions: Detailed list of fixtures and fittings included in the sale

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

4. Land Registry Extract: Recent extract from the Land Registry showing current ownership and encumbrances

5. VvE Documents: Relevant Owners Association documents if applicable

6. Environmental Reports: Any environmental or soil investigation reports

7. Building Permits: Copies of relevant building permits and modifications

8. Property Tax Statements: Recent property tax assessments and statements

9. Building Inspection Report: Report from building inspection if conducted

10. Measurement Report: Official property measurement report according to NEN 2580 standards

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

Construction

Banking & Finance

Legal Services

Property Development

Urban Planning

Architecture

Property Management

Insurance

Environmental Services

Agricultural Real Estate

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Facilities

Asset Management

Investment

Risk Management

Corporate Development

Finance

Operations

Relevant Roles

Real Estate Lawyer

Notary

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Real Estate Developer

Investment Manager

Property Surveyor

Mortgage Advisor

Real Estate Investment Analyst

Asset Manager

Facilities Manager

Corporate Real Estate Manager

Real Estate Portfolio Manager

Property Acquisition Manager

Industries
Dutch Civil Code Book 7, Title 1 (Purchase and Exchange): Contains specific provisions regarding sale agreements, including requirements for real estate transactions, obligations of buyer and seller, and transfer of ownership
Dutch Civil Code Book 3 (Property Law): Contains general provisions about property rights, transfer of ownership, and registration requirements for real estate
Dutch Civil Code Book 5 (Real Property Rights): Covers specific rights related to real property, including ownership restrictions, easements, and neighboring rights
Dutch Notaries Act (Wet op het notarisambt): Regulates the role and requirements of notaries in property transactions, as notarial deeds are mandatory for real estate transfers in the Netherlands
Legal Transactions (Fees) Act (Wet op beloning van diensten): Governs the fees and charges related to property transactions and notarial services
Transfer Tax Act (Wet op belastingen van rechtsverkeer): Regulates the transfer tax (overdrachtsbelasting) applicable to real estate transactions
Municipality Act (Gemeentewet): Contains provisions about local regulations that might affect property transfers, including zoning laws and local permits
Environmental Management Act (Wet milieubeheer): Includes provisions about environmental aspects that need to be considered in property transfers, such as soil pollution
Housing Act (Woningwet): Contains regulations about housing quality standards and requirements that might affect the property transfer
Cadastre Act (Kadasterwet): Governs the registration of real estate properties and related rights in the public registers
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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