Sale and purchase of Real Estate in the Netherlands

In practice, the purchase or sale of a business premise, shop or residence (or a portfolio) in the Netherlands often occurs by the same pattern. After selection, there is an offer, which at first may be indicative. In the Netherlands, an offer is generally made subject to a number of preconditions. These are also called conditions for dissolution, such as a building construction survey clause or a financing arrangement clause. From a corporate perspective, the principle agreement is often laid down in a Letter of Intent or a Term Sheet. Thereafter the technical, financial, legal due diligence and tax due diligence will take place. In general, then the Dutch law sale and purchase agreement is drawn up and the bank financing and securities are being arranged. Once the purchase agreement has been evaluated, agreed and signed, the building(s) will be transferred and the payment and establishment of the securities will be executed through the Dutch civil-law notary.

Real Estate contracts

The purchase and sale of real estate, the financing of real estate, mortgage rights and the rental of property know its own particular contract according to Dutch law. Notably the rental or lease of office space is legally regulated differently compared to the rental or lease of residence or a retail space. The rental agreements therefore differ on subjects such as the options for temporary rental, price increases, termination and the possibility of eviction.

Dutch Real Estate specialists

Penrose has lawyers specialised in real estate matters who are pleased to advise and assist you. Please do not hesitate to contact us.