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Real Estate Contract Assignment Agreement

Real Estate Contract Assignment Agreement Template for Netherlands

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Key Requirements PROMPT example:

Real Estate Contract Assignment Agreement

"I need a Real Estate Contract Assignment Agreement for transferring rights of a commercial warehouse property in Amsterdam from my company to a German investment firm, with completion planned for March 2025 and including specific provisions for cross-border tax implications."

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Document background
The Real Estate Contract Assignment Agreement is a crucial document used in Dutch property transactions when one party wishes to transfer their rights and obligations under an existing real estate contract to another party. This type of agreement is commonly used in situations such as property portfolio transfers, corporate restructuring, or when investors want to take over development projects. The document must comply with Dutch Civil Code requirements, particularly regarding contract assignment (contractsoverneming) and property law. It includes essential provisions about the transfer of rights and obligations, consideration, registration requirements with the Kadaster, and tax implications. The agreement is particularly important in the Netherlands due to the formal requirements for property transactions and the need for proper registration of real estate interests. It serves as a bridge between the original contract and the new contractual relationship, ensuring continuity of obligations while protecting all parties' interests under Dutch law.
Suggested Sections

1. Parties: Identification of the Assignor (current contract holder), Assignee (new contract holder), and Other Party (original counterparty to the contract being assigned)

2. Background: Context of the original real estate contract and reasons for assignment

3. Definitions: Definitions of key terms used in the agreement, including 'Original Contract', 'Property', 'Assignment Date'

4. Assignment: Core provisions regarding the transfer of rights and obligations from Assignor to Assignee

5. Consideration: Details of any payment or consideration for the assignment

6. Effective Date: Specification of when the assignment takes effect and any conditions precedent

7. Representations and Warranties: Statements and guarantees from all parties regarding their capacity, authority, and the status of the Original Contract

8. Registration and Formalities: Requirements for registration with the Dutch Land Registry (Kadaster) and other formal requirements

9. Tax Obligations: Provisions regarding transfer tax and other tax implications

10. Costs: Allocation of costs related to the assignment, including registration fees and notary costs

11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

Optional Sections

1. Consent of Other Party: Required if the Other Party's consent isn't provided separately or if specific consent conditions need to be documented

2. Due Diligence Findings: Include if specific findings from due diligence need to be acknowledged or addressed

3. Conditions Subsequent: Include if there are post-assignment conditions that need to be fulfilled

4. Anti-Money Laundering Compliance: Include if specific Wwft compliance requirements need to be documented

5. Existing Encumbrances: Include if there are specific encumbrances or restrictions that need to be acknowledged

6. Post-Assignment Obligations: Include if there are specific ongoing obligations of the Assignor after the assignment

7. Notice Requirements: Include if specific notice requirements to third parties need to be detailed

Suggested Schedules

1. Original Contract: Copy of the original real estate contract being assigned

2. Property Details: Detailed description of the property, including cadastral details and any relevant plans

3. Outstanding Obligations: List of any outstanding obligations under the Original Contract

4. Consent Documentation: Copies of any required third-party consents

5. Due Diligence Reports: Summary or copies of relevant due diligence findings

6. Payment Schedule: Details of any installment payments or financial obligations

7. Power of Attorney: If applicable, documentation of authority to act

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Assignment
Assignment Date
Assignor
Assignee
Completion
Consideration
Effective Date
Encumbrances
Kadaster
Land Registry
Original Contract
Original Counterparty
Parties
Permitted Use
Property
Property Rights
Purchase Price
Registration Requirements
Related Documents
Relevant Authority
Transfer Date
Transfer Tax
Title Deed
Outstanding Obligations
Business Day
Completion Date
Conditions Precedent
Due Diligence
Material Adverse Change
Notarial Deed
Permitted Assignee
Property Description
Registration Costs
Security Rights
Transaction Documents
Warranties
Clauses
Assignment
Consideration
Representations and Warranties
Property Transfer
Registration Requirements
Conditions Precedent
Due Diligence
Tax Obligations
Completion Requirements
Consent and Approval
Title and Ownership
Liability and Indemnification
Costs and Expenses
Notices
Further Assurance
Amendment and Variation
Severability
Entire Agreement
Force Majeure
Confidentiality
Anti-Money Laundering
Dispute Resolution
Governing Law and Jurisdiction
Notarial Requirements
Assignment and Transfer
Third Party Rights
Waiver
Compliance with Laws
Property Maintenance
Insurance
Relevant Industries

Real Estate

Property Development

Construction

Property Investment

Commercial Property

Residential Property

Real Estate Finance

Property Management

Urban Development

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Investment

Development

Asset Management

Finance

Operations

Risk Management

Acquisitions

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Developer

Investment Manager

Legal Counsel

Compliance Officer

Real Estate Agent

Property Investment Analyst

Asset Manager

Transaction Manager

Development Director

Real Estate Portfolio Manager

Contract Administrator

Real Estate Finance Manager

Industries
Dutch Civil Code Book 3 (Burgerlijk Wetboek Boek 3): Contains general provisions on property law, including transfer of rights and obligations, and legal transactions relating to property
Dutch Civil Code Book 5 (Burgerlijk Wetboek Boek 5): Covers property rights (ownership and other real rights) and their establishment, transfer, and termination
Dutch Civil Code Book 7, Title 1 (Burgerlijk Wetboek Boek 7, Titel 1): Specific provisions regarding purchase agreements and their requirements
Dutch Land Registry Act (Kadasterwet): Governs the registration of real estate transactions and property rights in the public registers
Dutch Civil Code Articles 6:159-6:161: Specific provisions regarding the assignment of contracts (contractsoverneming) and the requirements for valid assignment
Legal Transactions (Fees) Act (Wet op belastingen van rechtsverkeer): Covers transfer tax obligations in real estate transactions
Dutch Money Laundering and Terrorist Financing Prevention Act (Wwft): Requirements for customer due diligence and transaction monitoring in real estate dealings
Dutch Civil Code Book 6 (Burgerlijk Wetboek Boek 6): General provisions on obligations and contracts, including formation, validity, and performance of contracts
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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