The usual documents include the following:

• Letter of intent
• Sale and purchase agreement
• Transfer deed
• Loan agreement
• Mortgage deed

A seller usually gives the following warranties:

• The seller has the right and full powers to transfer title to the property.
• No government subsidy for which conditions have yet to be satisfied has been applied for or granted in connection with the property.
• The property will not be used by third parties without any right or title thereto.
• The property is connected directly to the public water, energy, and sewerage systems.
• The property is used in accordance with its intended use and has all the characteristics (eigenschappen) needed for the intended use.
• It will deliver to the purchaser a freehold title that is unconditional and not subject to encumbrances and/or any curtailment, cancellation or annulment whatsoever, which is not subject to seizures and is not encumbered by obligations relating to a particular title as referred to in Article 6:252 of the Dutch Civil Code and other rights in rem (zakelijke rechten).
• There are no disputes regarding third parties, nor are there any (intended) legal proceedings, binding advice procedures or arbitrations pending with respect to the property.
• No obligations exist to third parties based on a preferential right, right of option or contractual right of first refusal.
• The authorities have not required compliance with any local laws for the property that have not yet been completed to the satisfaction of the authorities in question and neither have any such provisions been announced.
• The property is not subject to the Municipalities Preferential Rights Act (Wet voorkeursrecht gemeenten) and the seller has not received notice that it may, or will, be subject to this act in the future.
• The local authority has not adopted any urban renewal plan or environmental order involving the property, as defined in the Urban and Rural Regeneration Act (Wet op de stads-en dorpsvernieuwing).
• The property has not been included in any designation or listing order or registration of the property as a protected townscape or landscape and there is no pending application to do the same.
• The property is not part of a land development plan and is not nominated for expropriation. No rulings or orders pursuant to Article 55 of the Soil Protection Act (Wet Bodembescherming, hereinafter referred to as SPA, which act will be incorporated in the EPA ) relating to the property have been registered in the land registry in the Netherlands.
• No underground tanks are present on the property that would limit or impair the intended use.
• A sufficient fire and extended coverage insurance policy for the property has been obtained and all required premiums have been paid and, to the seller’s knowledge, there are no increased risks associated with the property.
• The property, including all buildings on it, are built and used in accordance with (i) applicable environmental permit(s) (omgevingsvergunning(en)), which are irrevocable, (ii) the fire safety and building requirements under the Building Decree 2012 (Bouwbesluit 2012) (which will be replaced by the Structures (Living Environment) Decree (Besluit bouwwerken leefomgeving), (iii) the Environment and Planning Act and (iv) the zoning plan, which has been approved by the municipality, and the property is in compliance with all other applicable rules and regulations pertaining to public and private law.
• The property is not encumbered by obligations in the Public Works (Removal of Impediments in Private Law) Act (Belemmeringenwet Privaatrecht) (which will be incorporated in the EPA) that require certain work or improvements to be made to the property.

The terms of the sale of residential immovable property or any of its components must be in writing if the purchaser is a natural person who, when entering into the agreement, is not acting in the course of purchasers, professional practice or business. Except as provided above, the requirement that the terms of the sale and purchase of immovable property must be in writing is, in principle, not prescribed by regulation. Therefore, parties can be bound to each other even under an oral agreement. In addition, under Dutch law, the parties can be bound vis-á-vis each other in the pre-contractual phase. For example, at a certain stage of the negotiations, if the parties withdraw from negotiations, they may be liable to each other to a certain extent.

Title is transferred when the registration at the land registry of the deed of transfer, executed by a civil law notary, is completed.

The purchaser usually pays for the following:

• Purchase price of the property
• Real estate transfer tax or value-added tax
• Notary’s costs
• Costs of registration at the land registry

The seller usually pays for the following:

• Seller’s own advicer’s costs
• Costs of cancellation of mortgages