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Provisional Agreement For Sale And Purchase for the Netherlands

Provisional Agreement For Sale And Purchase Template for Netherlands

This document serves as a legally binding preliminary agreement between parties for the sale and purchase of property under Dutch law. It outlines the essential terms and conditions of the property transaction, including purchase price, transfer date, and specific conditions precedent. Under the Dutch legal system, this agreement (known locally as 'koopovereenkomst') forms a crucial step in the property transfer process, creating binding obligations for both parties subject to any conditions specified in the agreement. The document includes provisions for due diligence, financing arrangements, and property transfer procedures in accordance with Dutch civil law requirements.

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What is a Provisional Agreement For Sale And Purchase?

The Provisional Agreement For Sale And Purchase is a fundamental document in Dutch property transactions, serving as the primary agreement between parties before the final notarial deed of transfer. This document is typically used after initial negotiations have concluded but before the formal transfer of ownership, creating legally binding obligations for both parties. It encompasses crucial details such as property description, purchase price, conditions precedent (including financing arrangements), and completion timeline. Under Dutch law, once signed, this agreement creates substantial legal obligations and can only be terminated under specific circumstances outlined within the document. It's particularly important as it forms the basis for the notarial deed of transfer and protects both parties' interests during the period between agreement and completion.

What sections should be included in a Provisional Agreement For Sale And Purchase?

1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Definitions of key terms used throughout the agreement

4. Object of Sale: Detailed description of the property, including address, land registry details, and what is included/excluded in the sale

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

6. Transfer Date: Agreed date for transfer of ownership (completion date) and conditions for extension

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

8. Transfer of Ownership: Process and requirements for legal transfer, including notary appointment

9. Guarantees and Warranties: Seller's declarations regarding the property's legal status and condition

10. Risk Transfer: Point at which risk transfers from seller to buyer

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

12. Governing Law: Confirmation that Dutch law applies and jurisdiction details

13. Termination Rights: Circumstances under which the agreement can be terminated

14. Signatures: Execution blocks for all parties

What sections are optional to include in a Provisional Agreement For Sale And Purchase?

1. Mortgage Clause: To be included when buyer requires mortgage financing to complete the purchase

2. Building Inspection: Include when parties agree to a building inspection condition

3. Asbestos Clause: Required for properties built before 1994 where asbestos might be present

4. Ground Lease: Include when the property is subject to ground lease (erfpacht)

5. Listed Building Provisions: Required when the property is a listed building (monumentenstatus)

6. Occupancy Details: Include when property is currently leased or when seller requires leaseback

7. Environmental Provisions: Include when there are known environmental issues or soil contamination

8. Owners Association Provisions: Required for apartments or properties with shared facilities

9. National Monument Provisions: Include for properties with national monument status

What schedules should be included in a Provisional Agreement For Sale And Purchase?

1. Schedule 1 - Property Details: Detailed description of the property including cadastral information and floor plans

2. Schedule 2 - Included Items: List of fixtures, fittings and other items included in the sale

3. Schedule 3 - Excluded Items: List of items specifically excluded from the sale

4. Schedule 4 - Known Defects: Detailed list of known defects or maintenance issues

5. Appendix A - Land Registry Extract: Recent extract from the Land Registry (Kadaster)

6. Appendix B - Energy Performance Certificate: Current energy performance certificate (energielabel)

7. Appendix C - Property Photographs: Dated photographs documenting the property's condition

8. Appendix D - Relevant Permits: Copies of building permits and other relevant authorizations

9. Appendix E - VvE Documents: Owners Association documents (if applicable)

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions



































Clauses



































Relevant Industries

Real Estate

Legal Services

Banking & Finance

Construction

Property Development

Property Management

Insurance

Professional Services

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Acquisitions

Due Diligence

Corporate Affairs

Risk Management

Operations

Administrative Support

Relevant Roles

Real Estate Agent

Property Lawyer

Legal Counsel

Notary

Property Manager

Real Estate Developer

Compliance Officer

Contract Manager

Real Estate Investment Manager

Property Acquisitions Manager

Due Diligence Specialist

Transaction Manager

Corporate Lawyer

Legal Administrator

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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