The Immovable Property Sale Agreement is a fundamental legal document used in the Netherlands for real estate transactions. It serves as the primary contract governing the sale of real property, whether residential, commercial, or industrial. This document is essential whenever immovable property is being transferred from one party to another in the Netherlands, and must comply with specific requirements under Dutch law, including execution via notarial deed and registration with the Kadaster (Land Registry). The agreement encompasses all crucial aspects of the property transaction, from initial sale conditions to final transfer, including price, payment terms, warranties, and specific Dutch legal requirements such as municipal pre-emption rights and transfer tax obligations. It's particularly noteworthy that under Dutch law, the agreement first creates the obligation to transfer the property, while the actual transfer occurs through a separate notarial deed of transfer (leveringsakte).
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1. Parties: Identification of the Seller and Buyer with full legal names, addresses, and registration details if applicable
2. Background: Context of the sale and brief description of the property and transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including cadastral details, address, and registered encumbrances
5. Purchase Price: Specified purchase price, payment terms, and deposit arrangements
6. Transfer of Ownership: Conditions and process for transfer of ownership, including notarial requirements
7. Seller's Warranties: Standard warranties regarding ownership, encumbrances, and property condition
8. Buyer's Warranties: Warranties regarding financial capacity and intended use of the property
9. Completion: Process and requirements for completion of the sale, including notarial deed execution
10. Risk and Insurance: Transfer of risk and insurance obligations
11. Costs and Taxes: Allocation of transaction costs and tax obligations
12. Default and Termination: Consequences of breach and termination rights
13. Notices: Process for giving notices under the agreement
14. Governing Law: Confirmation of Dutch law application and jurisdiction
15. Execution: Signature blocks and execution requirements
1. Mortgage Arrangements: Include when buyer requires mortgage financing as a condition of purchase
2. Tenant Rights: Include when property is currently leased or has sitting tenants
3. Environmental Provisions: Include when there are specific environmental concerns or investigations required
4. Monument Status: Include for properties with protected historical status
5. Planning Permissions: Include when sale is conditional on obtaining specific planning permissions
6. Renovation Agreements: Include when specific renovations are agreed as part of the sale
7. Pre-emption Rights: Include when municipal or other pre-emption rights apply
8. VAT Treatment: Include for commercial properties where VAT applies to the transaction
9. Building Inspection: Include when sale is subject to building inspection results
1. Property Details: Detailed description including floor plans, cadastral maps and boundaries
2. Inventory List: List of included fixtures, fittings and movable items
3. Land Registry Extract: Recent extract showing registered ownership and encumbrances
4. Environmental Reports: Copies of environmental surveys or soil investigations
5. Building Permits: Copies of relevant building permits and certificates
6. Energy Performance Certificate: Current energy performance certificate for the property
7. Technical Survey: Building inspection or technical survey reports
8. Photographic Schedule: Photos documenting current condition of the property
9. Existing Tenancy Agreements: Copies of any current lease or tenancy agreements
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