The Pre Sale Agreement is a fundamental document in Dutch property transactions, used when parties have reached initial agreement on the sale of real estate but before the final transfer takes place. This document, regulated by the Dutch Civil Code and related legislation, serves as a crucial intermediate step between initial negotiations and final property transfer. It typically includes detailed property descriptions, purchase price, payment terms, conditions precedent, warranties, and specific Dutch legal requirements such as the mandatory cooling-off period for residential properties. The agreement provides security for both parties by legally binding them to the transaction while allowing for necessary due diligence and arrangement of financing. It's particularly important in the Netherlands where property transfers must be executed through a notarial deed, making the Pre Sale Agreement the primary document governing the parties' obligations until final transfer.
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1. Parties: Identification and details of the seller and buyer, including full legal names, addresses, and registration numbers for legal entities
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including address, cadastral details, and current use
5. Purchase Price: Agreed purchase price, payment terms, and deposit requirements
6. Transfer Date: Intended date of transfer and conditions for transfer
7. Current State: Description of the current state of the property and any known defects
8. Seller's Warranties: Warranties provided by the seller regarding ownership, encumbrances, and property condition
9. Buyer's Warranties: Warranties provided by the buyer regarding financial capacity and intended use
10. Conditions Precedent: Conditions that must be met before the sale becomes final
11. Cooling-off Period: Statutory three-day cooling-off period for residential properties
12. Transfer of Risk: When and how risk transfers from seller to buyer
13. Default and Remedies: Consequences of breach by either party
14. Governing Law: Confirmation of Dutch law as governing law and jurisdiction
15. Signatures: Execution block for all parties
1. Mortgage Contingency: To be included when the purchase is contingent on buyer obtaining financing
2. Building Inspection: Include when buyer reserves right to conduct building inspection
3. Environmental Provisions: Required when property has known environmental issues or risks
4. Rental Situations: Include when property is currently rented or has existing tenants
5. Renovation Plans: Include when buyer plans significant renovations requiring permits
6. Agricultural Provisions: Required for agricultural land or properties in rural areas
7. Monument Status: Include for properties with protected monument status
8. Ground Lease: Required when property is subject to ground lease (erfpacht)
1. Property Details: Detailed technical description of the property including floor plans and measurements
2. List of Inclusions: Inventory of items included in the sale
3. List of Exclusions: Inventory of items explicitly excluded from the sale
4. Known Defects: Detailed list of known defects or maintenance issues
5. Environmental Reports: Any environmental surveys or reports
6. Cadastral Extract: Recent extract from the Land Registry
7. Zoning Information: Current zoning status and restrictions
8. Property Photographs: Current photographs of the property
9. Energy Label: Current energy performance certificate
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