Koop-/aannemingsovereenkomst
Purchase and Contracting Agreement
A purchase/contracting agreement is a mixed contract that governs both the purchase of immovable property and the contracting of construction works, and is commonly used in new-build projects.
The purchase and construction agreement combines the elements of a sale and purchase agreement and a works contract in a single document. Under this agreement, the principal acquires the land and at the same time engages the contractor to construct a dwelling or other building on it.
This agreement is relevant in real estate practice because it clearly establishes the rights and obligations of the buyer and the contractor and provides protection against risks such as delays, defects or non-performance.
In practice, the agreement is frequently used in the development of new-build residential projects, where the notary handles the transfer of title and the contractor is responsible for carrying out the construction works.
“The purchaser entered into a purchase and construction agreement for the new-build dwelling, thereby ensuring that both the land and the building works were governed by a single contract.”
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