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Template purchase contract of the NVM, VBO and VastgoedPRO

Below we discuss the template contract of the NVM, VBO, and VastgoedPRO per article. This is one of the most used model agreements for buying a house. This model is drawn up together with Vereniging Eigen Huis and the Consumentenbond.

There are different versions in circulation, so in some cases the article number may not match. In case of doubt, you can always contact us!

 

Standard provisions

Article 1 Sale and purchase

This article describes the object (the house). In the Netherlands, the cadastral description is used for this.

Additionally, the first article specifies the purchase price for the house. An additional purchase price may be described for items (e.g., belongings in the house) that are also being bought.

It is important to describe as clearly as possible what is being sold along with the house. This can lead to conflict if there is any ambiguity.

For the deductibility of interest, it is important that movable items are valued. This way, it is clear what has been paid for the house and what has been paid for other items. The interest on the other items is not deductible.

Conversely, you don't pay transfer tax on movable items.

Article 2 Costs, Transfer tax

This article describes who bears the costs for transferring the property.

In most cases, a house is sold Kosten Koper (k.k.). Then the buyer pays:

  • The notary fees
  • Cadastral fees
  • The Transfer tax

A house can also be sold Vrij op Naam (v.o.n.). Then the seller pays these costs.

If no agreements are made about who pays which costs, the buyer pays those costs.

If a house is resold 6 months after purchase, less or no transfer tax is due. This benefit goes to the buyer unless other agreements are made.

Article 3 Payment

This article determines how the payment of the purchase price takes place. As a rule, the buyer transfers the purchase price to the notary's account (third-party account). The notary then transfers the money to the seller after the delivery of the house.

This is often one day later. Then the notary is sure the house can be transferred.

Article 4 Transfer of ownership

This article arranges two things:

  1. The date of the transfer
  2. The notary who will perform the delivery

The buyer determines which notary this is. Although this article is called transfer of ownership, it also applies to buying a house on leasehold (strictly legally: buying the right to leasehold).

Article 5 Bank guarantee, Deposit

This article agrees on what securities are provided for the continuation of the delivery (strictly legally: compliance with obligations). This can be a deposit or a bank guarantee.

Article 6 Condition of the immovable property, Use

Sections (subarticles) 6.1, 6.2, and 6.3 pertain to what the buyer accepts in terms of rights and obligations.

Sections 6.4.1 to 6.13 describe the guarantees the seller gives to the buyer. Think, for example, of:

  • (soil) contamination
  • asbestos
  • soil protection
  • option rights and pre-emption rights of others on the property
  • free of rent
  • ground rent and other costs have been paid

Article 7 Actual delivery, Transfer of claims

Here, the moment of delivery (key transfer) is determined. This is the moment when all burdens and obligations are transferred. Often, this is the same moment as the legal transfer, but exceptions can be made.

Article 8 Profits, burdens, and ground rents

Here, agreements are made about municipal taxes and levies, and paying the ground rent. These agreements are important because the municipality charges them to the person who owns the property on January 1 of that year. So if the delivery occurs on another day of the year, these costs must be divided proportionally.

Article 9 Joint and several liability

This article addresses the situation when there are more than two buyers. Joint and several liability means both buyers are liable for the entire amount. This is different than agreeing that both buyers are liable for half.

Article 10 Transfer of risk, Damage due to force majeure

The risk of damage to the property is borne by the seller until the moment of delivery.

Sometimes the actual delivery is scheduled earlier than the legal delivery. In that case, the risk transfers at the time of actual delivery.

If something happens to the property in the meantime, due to force majeure, the sale does not proceed. But not if there are described exceptions.

Article 11 Notice of default, Dissolution

This article explains what happens if one of the parties fails to fulfill their obligations. In many cases, a penalty of 10% is charged.

Article 12 Energy label

This article contains a declaration about providing the mandatory energy label.

Article 13 Domicile

Domicile is often the address of the notary. Here, the written contact is directed.

Article 14 Registration of purchase agreement

Here are the agreements about whether or not to let the notary register the purchase agreement.

Registering the purchase agreement is optional. It gives the buyer extra protection against a seller who sells the property to another buyer. It also helps protect if the seller goes bankrupt before the delivery of the property.

Article 15 Identity of parties

Here is the obligation for both parties to identify themselves upon request from the other.

Article 16 Dissolving conditions

This article contains the dissolving conditions. Parties can dissolve the agreement without penalty if one of the conditions is met. The invocation of a dissolving condition must occur within an agreed number of days.

Unlike the 3-day statutory reflection period, the reason is important here.

Article 17 Reflection period

This article records the statutory reflection period. In the agreement, this reflection period can be extended, not shortened.

Article 18 Written recording

Here are the agreements about the validity of the contract if there is a long time between one signature and the other.

Article 19 Dutch law

Here, the buyer and seller establish that the sale is governed by Dutch law.



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