The Home Selling Contract (koopovereenkomst) is a crucial legal document used in Dutch residential property transactions. It is required whenever residential property is bought or sold in the Netherlands, whether between private individuals or involving corporate entities. The contract must comply with Dutch Civil Code requirements and typically precedes the formal transfer deed (leveringsakte) executed by a notary. It includes essential elements such as property details, purchase price, transfer conditions, warranties, and both parties' obligations. The document also incorporates mandatory consumer protection features like the buyer's cooling-off period (bedenktijd) and must be in written form. This contract serves as the binding agreement between parties and forms the basis for the subsequent notarial transfer of the property.
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1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status
2. Background: Brief context of the transaction and confirmation that the seller owns and wishes to sell, and the buyer wishes to buy the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Full description of the property including address, land registry details, size, and included fixtures and fittings
5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements
6. Transfer of Ownership: Details about the transfer deed (leveringsakte), completion date, and notary arrangements
7. Property Condition: Current state of the property, known defects, and as-is provisions
8. Seller's Warranties: Seller's guarantees regarding property ownership, charges, claims, and disclosed defects
9. Buyer's Warranties: Buyer's guarantees regarding financial capacity and intended use of the property
10. Transfer of Risk: Point at which risk transfers to the buyer and insurance requirements
11. Default and Termination: Consequences of breach and circumstances allowing termination
12. Completion Requirements: Actions required before completion, including documentation and payments
13. Costs and Taxes: Allocation of transaction costs, transfer tax, and notary fees
14. Notices: How formal communications between parties should be made
15. Governing Law: Confirmation that Dutch law applies and jurisdiction of Dutch courts
1. Mortgage Contingency: Used when the buyer requires mortgage financing to complete the purchase
2. Building Inspection: Added when the buyer wishes to conduct a building inspection before finalizing the purchase
3. Asbestos Clause: Required for properties built before 1994 where asbestos might be present
4. Ground Lease: Included when the property is subject to a ground lease (erfpacht)
5. Occupancy Status: Used when the property is currently tenanted or when vacant possession is delayed
6. Listed Building Status: Required for properties with monument status or in protected urban areas
7. Environmental Provisions: Added when there are specific environmental concerns or requirements
8. Renovation Plans: Included when the buyer has specific renovation plans that need approval
1. Schedule 1 - Property Inventory: Detailed list of fixtures, fittings, and items included in or excluded from the sale
2. Schedule 2 - Property Plans: Floor plans, land registry maps, and other relevant property drawings
3. Schedule 3 - Disclosures: Seller's disclosure form (vragenlijst) regarding the property's condition and history
4. Schedule 4 - Energy Performance Certificate: Current energy label (energielabel) for the property
5. Schedule 5 - Recent Survey Results: Results of any recent building surveys or inspections
6. Appendix A - Title Documents: Copies of relevant title documents and land registry extracts
7. Appendix B - Planning Permissions: Copies of relevant planning permissions and building permits
8. Appendix C - Property Photographs: Recent photographs documenting the property's condition
Relevant legal definitions
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Relevant Industries
Real Estate
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Financial Services
Property Development
Construction
Banking
Insurance
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Notarial Services
Residential Housing
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Sales
Administrative Support
Contract Management
Risk Management
Operations
Customer Relations
Document Processing
Transaction Support
Relevant Roles
Real Estate Agent
Property Lawyer
Notary
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Mortgage Advisor
Real Estate Broker
Compliance Officer
Contract Manager
Property Developer
Transaction Manager
Real Estate Partner
Conveyancing Lawyer
Legal Administrative Assistant
Property Consultant
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