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Deed Of Absolute Sale Property Template for Netherlands

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Key Requirements PROMPT example:

Deed Of Absolute Sale Property

"I need a Deed of Absolute Sale Property for transferring a commercial warehouse property in Amsterdam to a corporate buyer, with specific provisions for existing tenant agreements and environmental compliance requirements, scheduled for completion by March 2025."

Document background
The Deed of Absolute Sale Property is a crucial legal document in Dutch property transactions, representing the final step in transferring real estate ownership. This deed is mandatory under Dutch law and must be executed before a civil law notary, who ensures compliance with all legal requirements and performs necessary checks regarding the property's status, existing encumbrances, and the parties' authorities. The document is used whenever real property is being transferred in the Netherlands, whether in residential, commercial, or industrial contexts. It contains essential information about the property, parties, purchase price, and transfer conditions, and serves as the basis for registration in the Land Registry (Kadaster). The deed follows a standardized format as required by Dutch notarial practice but can be customized to address specific circumstances of the transfer, such as special conditions, easements, or environmental provisions.
Suggested Sections

1. Parties: Identification of the Seller(s) and Buyer(s) with full legal names, addresses, and identification details as required by Dutch law

2. Background: Brief context of the transaction and confirmation of Seller's ownership rights

3. Definitions: Key terms used throughout the deed including Property, Transfer Date, and Purchase Price

4. Property Details: Complete legal description of the property including cadastral details, address, and registered encumbrances

5. Sale and Purchase Agreement: Reference to the underlying sale agreement and its key terms

6. Purchase Price: Statement of the agreed purchase price and confirmation of payment or payment arrangements

7. Transfer of Ownership: Legal transfer declaration and warranties of unencumbered title

8. Seller's Warranties: Standard warranties regarding property ownership, absence of undisclosed encumbrances, and environmental status

9. Transfer of Rights and Obligations: Assignment of related rights, permits, and obligations to the Buyer

10. Risk Transfer: Specification of when risk and insurance obligations transfer to the Buyer

11. Delivery and Acceptance: Terms of physical property handover and acceptance

12. Registration: Provisions regarding Land Registry registration and authorization for the notary

13. Costs and Taxes: Allocation of transfer costs, taxes, and notary fees

14. Governing Law: Confirmation of Dutch law application and jurisdiction

Optional Sections

1. Mortgage Release: Required when existing mortgages need to be discharged as part of the transfer

2. Easements and Special Conditions: Include when there are specific easements, rights of way, or special conditions that need to be maintained or created

3. Rental Situation: Required when the property is subject to existing rental agreements

4. Environmental Provisions: Include when there are specific environmental issues or soil pollution concerns

5. Monument Status: Required for properties with protected monument status

6. VvE (Owners Association) Provisions: Include for apartments or properties part of an owners association

7. Agricultural Provisions: Required for agricultural land or properties with agricultural designations

8. Planning and Zoning: Include when specific urban planning or zoning restrictions affect the property

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the property including boundaries, measurements, and fixtures

2. Land Registry Extract: Recent extract from the Land Registry showing current registration status

3. Transfer History: Previous transfer deeds and relevant historical documents

4. Environmental Reports: Soil quality reports and environmental investigations if applicable

5. Building Inspection Report: Technical inspection reports of the property's condition

6. Permits and Certificates: Copies of relevant building permits and energy performance certificates

7. Payment Confirmation: Proof of purchase price payment and transfer tax payment

8. Power of Attorney: If applicable, powers of attorney for parties represented by others

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Real Estate

Construction

Banking & Finance

Legal Services

Property Development

Agriculture

Retail

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Relevant Teams

Legal

Real Estate

Property Management

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Corporate Services

Operations

Finance

Investment

Asset Management

Acquisitions

Relevant Roles

Real Estate Lawyer

Notary

Property Manager

Real Estate Agent

Legal Counsel

Corporate Lawyer

Property Developer

Facilities Manager

Asset Manager

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Acquisition Manager

Property Surveyor

Compliance Officer

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