House Memorandum Of Sale Template for Netherlands

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Key Requirements PROMPT example:

House Memorandum Of Sale

"I need a House Memorandum of Sale for a listed property in Amsterdam, with special consideration for monument status and including a financing condition clause allowing the buyer until March 15, 2025, to secure mortgage approval."

Document background
The House Memorandum of Sale (koopakte) is a fundamental document in Dutch residential property transactions, typically used after initial verbal agreement on the purchase price and main conditions. This document is required under Dutch law before proceeding with the final transfer of property ownership. It includes crucial details such as party information, property specifications, purchase price, transfer date, and special conditions. The document must comply with Dutch Civil Code requirements and includes mandatory provisions such as the three-day cooling-off period for buyers. It serves as the basis for the notary to prepare the final transfer deed and is essential for mortgage applications. While standard templates exist (such as the NVM model), each House Memorandum of Sale can be customized to address specific circumstances of the transaction while maintaining compliance with Dutch legal requirements.
Suggested Sections

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

2. Background: Brief context of the sale and confirmation that the seller owns the property

3. Definitions: Key terms used throughout the agreement including property definition, completion date, and other relevant terms

4. Property Details: Full description of the property including address, land registry details, size, and included items

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

6. Transfer Date: Agreed date for property transfer (levering) at the notary's office

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

8. Transfer of Title: Conditions for the legal transfer of the property

9. Guarantees: Seller's warranties regarding the property

10. Use of Property: Current and permitted use of the property

11. Charges and Restrictions: Any existing charges, encumbrances, or restrictions on the property

12. Risk Transfer: Point at which risk and insurance responsibility transfers to the buyer

13. Default: Consequences of breach of contract by either party

14. Cooling-off Period: Statutory three-day cooling-off period for the buyer

15. Governing Law: Confirmation that Dutch law applies to the agreement

Optional Sections

1. Financing Clause: Conditional clause allowing the buyer to withdraw if unable to secure mortgage financing

2. Building Inspection: Clause regarding the right to conduct a building inspection and consequences of findings

3. Asbestos Clause: Special provisions if the property might contain asbestos

4. Ground Lease: Specific terms if the property is subject to ground lease (erfpacht)

5. Monument Status: Special provisions if the property is a listed building (monument)

6. Rental Situation: Details of existing tenancies if the property is sold with tenants

7. Environmental Provisions: Special clauses regarding soil quality or environmental issues

8. National Ground Bank: Clause regarding registration in the National Ground Bank if applicable

Suggested Schedules

1. List of Included Items: Detailed inventory of fixtures, fittings, and other items included in the sale

2. Property Plans: Floor plans and/or plot boundaries

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

4. Energy Performance Certificate: Current energy label for the property

5. List of Defects: Detailed list of known defects or issues with the property

6. Seller's Disclosure Form: Completed property disclosure form (Lijst van Zaken)

7. Building Inspection Report: If applicable, the results of any building surveys

8. Photos: Photographs documenting the current state of the property

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

Legal Services

Financial Services

Banking

Property Development

Construction

Insurance

Mortgage Services

Property Management

Residential Housing

Relevant Teams

Legal

Real Estate

Residential Property

Conveyancing

Risk & Compliance

Property Management

Sales

Customer Service

Documentation

Corporate Services

Relevant Roles

Real Estate Agent

Property Lawyer

Notary

Mortgage Advisor

Property Manager

Legal Counsel

Conveyancer

Real Estate Broker

Property Consultant

Housing Officer

Real Estate Partner

Property Paralegal

Compliance Officer

Risk Manager

Real Estate Director

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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