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Seller Financing Contract for the Netherlands

Seller Financing Contract Template for Netherlands

A Seller Financing Contract under Dutch law is a comprehensive legal agreement where the seller provides direct financing to the buyer for the purchase of property or assets, eliminating the need for traditional bank financing. The document, governed by Dutch civil law and financial regulations, outlines the terms of both the sale and the financing arrangement, including purchase price, interest rates, payment schedules, and security interests. It incorporates specific requirements under Dutch property law, mortgage regulations, and consumer protection provisions where applicable, while ensuring compliance with the Financial Supervision Act (Wet op het financieel toezicht) and relevant tax legislation.

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What is a Seller Financing Contract?

The Seller Financing Contract is utilized when traditional bank financing is either unavailable or undesirable, offering an alternative financing solution in the Dutch market. This contract type is particularly valuable in real estate transactions, business asset sales, or situations where the seller is willing to accept periodic payments instead of a lump sum. The document combines elements of both a sale agreement and a financing agreement, structured in accordance with Dutch civil law requirements. It must comply with the Dutch Civil Code (Burgerlijk Wetboek), financial regulations, and where applicable, consumer protection laws. The contract typically includes detailed terms about the asset being sold, purchase price, interest rates, payment schedule, security arrangements (often including mortgage rights), default provisions, and enforcement mechanisms. It's essential for protecting both parties' interests while ensuring the transaction's legal validity under Dutch law.

What sections should be included in a Seller Financing Contract?

1. Parties: Identification of the Seller/Creditor and Buyer/Debtor with full legal names and addresses

2. Background: Context of the transaction, including description of the property/asset being sold and the parties' intention to enter into a seller financing arrangement

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

4. Sale Agreement: Details of the sale transaction, including property description, purchase price, and transfer terms

5. Financing Terms: Loan amount, interest rate, payment schedule, and term of the financing

6. Security Arrangements: Description of security interests, including mortgage or pledge details

7. Representations and Warranties: Statements of fact and assurances from both parties

8. Covenants: Ongoing obligations of the parties during the term of the financing

9. Events of Default: Circumstances constituting default and consequences thereof

10. Enforcement Rights: Remedies available to the seller in case of default

11. Costs and Taxes: Allocation of transaction costs, taxes, and ongoing expenses

12. Notices: Communication requirements and contact details

13. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction

14. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

What sections are optional to include in a Seller Financing Contract?

1. Guarantees: Required when there is a third-party guarantor for the buyer's obligations

2. Insurance Requirements: Detailed insurance obligations when the financed asset requires specific insurance coverage

3. Prepayment Terms: Include when early repayment options are permitted

4. Property Management: Required for real estate transactions with specific maintenance requirements

5. Transfer Restrictions: Include when there are limitations on the buyer's ability to transfer the property

6. Escrow Arrangements: Required when an escrow agent is involved in handling payments or documents

7. Construction/Renovation Terms: Include when the property requires specific works or improvements

What schedules should be included in a Seller Financing Contract?

1. Property Description: Detailed legal description of the property or asset being sold

2. Payment Schedule: Detailed amortization table showing payment dates, amounts, and interest calculations

3. Initial Due Diligence Reports: Property inspection reports, valuations, or technical assessments

4. Form of Security Documents: Templates for mortgage deed or other security documents

5. Insurance Requirements: Detailed specifications of required insurance coverage

6. Property Maintenance Standards: Specific maintenance and upkeep requirements if applicable

7. Deed of Transfer: Draft deed for the transfer of the property

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

Financing Agreement

Cost

Free to use
Relevant legal definitions

















































Clauses












































Relevant Industries

Real Estate

Commercial Property

Residential Property

Manufacturing

Retail

Agriculture

Industrial

Small Business

Construction

Hospitality

Relevant Teams

Legal

Finance

Real Estate

Risk Management

Credit

Commercial

Business Development

Treasury

Tax

Compliance

Property Management

Relevant Roles

Chief Financial Officer

Finance Director

Real Estate Manager

Property Developer

Business Owner

Legal Counsel

Contract Manager

Risk Manager

Credit Manager

Commercial Director

Investment Manager

Asset Manager

Transaction Manager

Corporate Lawyer

Financial Controller

Business Development Manager

Property Portfolio Manager

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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