The Registered Agreement For Sale is a crucial document in Dutch property transactions, serving as the preliminary agreement that leads to the final transfer of ownership. It is used whenever real property is being transferred in the Netherlands, whether for residential, commercial, or industrial purposes. The agreement must comply with strict requirements under Dutch law, including the Dutch Civil Code and Land Registry Act. It contains detailed information about the property, parties involved, purchase price, conditions for transfer, and warranties. This document forms the basis for the notarial deed of transfer (akte van levering) and must be executed before a Dutch civil law notary to effect the legal transfer of property. The agreement provides essential protection for both parties and ensures compliance with Dutch property transfer regulations, including mandatory cooling-off periods for private buyers and due diligence requirements.
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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, including brief property history and purpose of the 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 particulars
5. Purchase Price: Agreed purchase price, payment terms, and deposit arrangements
6. Transfer of Ownership: Conditions and process for legal transfer through notarial deed
7. Completion Date: Agreed date for transfer of ownership and completion requirements
8. Property Condition: Current condition of the property and any known defects
9. Seller's Warranties: Warranties regarding property ownership, encumbrances, and disclosed information
10. Buyer's Warranties: Warranties regarding financial capacity and intended use
11. Transfer Costs: Allocation of notary fees, transfer tax, and other associated costs
12. Risk and Insurance: Transfer of risk and insurance obligations
13. Default and Remedies: Consequences of breach and available remedies
14. Governing Law: Confirmation of Dutch law application and jurisdiction
15. Execution: Signature requirements and execution process
1. Mortgage Arrangements: Details of mortgage financing when buyer requires bank funding
2. Rental Situations: Required when property is currently rented or will be rented
3. Environmental Provisions: Specific clauses regarding soil quality or environmental issues if relevant
4. Monument Status: Special provisions for properties with protected status
5. Building Inspection: Conditions related to technical inspection if requested
6. Renovation Agreements: Terms for any agreed renovations before or after transfer
7. Right of First Refusal: Include when there are pre-existing rights of first refusal
8. VAT Treatment: Special VAT provisions for commercial properties
9. Cooling-off Period: Consumer protection provisions when buyer is a private individual
1. Property Details: Detailed description including floor plans, measurements, and cadastral extracts
2. Inventory List: List of included fixtures, fittings, and other items
3. Land Registry Extract: Recent extract from the Land Registry (Kadaster)
4. Disclosure Statement: Seller's disclosure of property condition and known issues
5. Building Inspection Report: Technical inspection findings if conducted
6. Environmental Reports: Soil quality reports or environmental assessments if applicable
7. Planning Documents: Relevant zoning and planning permissions
8. Energy Performance Certificate: Mandatory energy label for the property
9. Title Documents: Copies of relevant title documents and encumbrances
10. Photos: Current photographs of the property and any specific features or defects
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