List of Questions for the Sale of a House

List of questions for the sale of a house

This list of questions has been prepared because, as a seller, you are required to provide detailed information about your house, even if this information appears to be less favourable in relation to the sale. The list of items presented here is intended only to assist you, as the seller, to comply with your obligation to provide information by providing structure, form and content for that information. Your obligation to provide information is limited to your telling the purchaser all that you know about the house at the time that you enter into the agreement to sell it.

If faults or defects are reported in a timely fashion, your estate agent can ensure that adequate agreements are entered into with the purchaser in that regard. You can, for example, agree that the purchaser assumes complete liability for the costs and risks associated with specific defects. However, if the defect is not mentioned, you run the risk that the purchaser will hold you liable for the defect retroactively.

This list is intended to assist you in collecting information about the house. You should therefore fill out the list completely and truthfully.

The list is divided into section A and section B.

Section A includes questions about the financial arrangements for purchasing the property (mortgage) and is intended only for you and your estate agent.

Section B contains questions about the state of the property and can also be provided to the purchaser, for example together with the deed of purchase.

If you still have any questions, please contact your estate agent. Please submit the list as soon as possible after filling it out. After all, an ounce of prevention is worth a pound of cure.

List of questions for the sale of a house

If you wish, you may provide additional information at the end of this list of questions or at any point in the text. If you have doubts about the proper answer or if you do not understand the question, please insert a question mark before the question, and contact your estate agent as soon as possible.

Section A

1. Personal particulars

Surname:______First names:______

Place of birth:______Date of birth:______

Profession: ______

Street: ______

Postal code: ______City/town:______

E-mail address: ______

Home telephone: ______Telephone at work:______

Address of property to be sold: ______

(to be filled out only if it differs from the address listed above)

2. Married/registered partnership

Are you married? yes/no

Are you a registered partner? yes/no Were both of you living in or are both of you living

in the property to be sold? yes/no

If so, do you have permission from your

spouse/partner to sell the property ? yes/no

3. Living together with someone else

Are you living together without being married? yes/no

Is there a partnership contract between you and

your partner that contains provisions pertaining

to the sale of the property or to taking up residence

in it? yes/no

4. Ownership of the property

When did you acquire ownership of the property?

______

Which civil-law notary took care of the transfer of ownership (name, address and telephone number)?

Name: ______

Address: ______

______

Telephone number: ______

5. Financials

Is the property subject to a mortgage? yes/no

If so:

1st mortgage: Name of bank:

______

Outstanding mortgage balance:

______

(you may round off the amount to the nearest whole euro)

2nd mortgage: Name of Bank:

______

Outstanding mortgage balance: ______

(This information is important to ensure that the property is not subject to any unpaid mortgage balance upon transfer of ownership.)

Has a bank announced that it intends to hold a foreclosure sale? yes/no

Has a notice of attachment been issued for

the property? yes/no

If so, by whom and on what grounds?

______

Are you or your spouse or your partner involved in bankruptcy proceedings or suspension of payment proceedings? yes/no

If so, who has been appointed as official receiver or administrator? (name, address and telephone number)

Name: ______

Address: ______

______

Telephone number: ______

6. Estate in case of death

Did one of the owners die after the property was purchased? yes/no

If so, are there any underage children? yes/no

Which civil-law notary is dealing with/dealt with the estate?

(Name address and telephone number)

Name: ______

Address: ______

______

Telephone number: ______

Is there a statement of succession? yes/no

7. Estate in case of divorce

Were the owners involved in divorce

proceedings after the property was purchased ? yes/no

If so, on what grounds are you authorized to sell the property?

(For example: oral agreement, written agreement, covenant, notarial legal instrument, agreement between both lawyers)

______

8. Signature

The undersigned hereby declares that he/she has answered all of the above questions truthfully.

Place: ______

Date: ______

Signature:

Additional information:

______

In order to ensure that the sale can proceed correctly, we ask that you provide us with (copies of) the following documents/papers as soon as possible (in so far as they are in your possession):

● the title deed by which you acquired ownership of the property:

● all other legal instruments and documents in which rights or entitlements are established or mentioned that are relevant to your property:

● certificates of guarantee, proofs of ownership;

● mortgage documents and outstanding balance of the mortgage;

● assessment notices for municipal taxes (including property tax, pollution taxes, water board charges, sewage charges, polder charges, municipal tax on encroachments in, on or above public land

;

● notices from the municipality and public utilities instructing you to carry out repairs;

● passport, driving licence or identity card provided by the municipality;

● orders provided by the municipality or province requiring you to carry out an investigation or remediation activities;

● energy performance certificate;

● construction/renovation drawings, sales brochures;

● if you are selling an apartment or right of membership in a cooperative society: the annual report, articles of association, budget, regulations governing the division of property, the address and telephone number of the administrator or, in case of a cooperative society, the secretary-treasurer;

● in case of a contribution or subsidy: the most recent order/instruction;

● if you live together with another person and the cohabitation contract contains a clause applicable to the sale of the residence: the cohabitation contract;

● in case of an estate: statement of succession;

● rental, lease and lease-purchase contracts;

● if the seller is an NV (Dutch public limited company), BV (Dutch limited liability company), VOF (partnership company), Maatschap (civil law partnership), Association or Foundation: copies of the statutes/articles of association, extract from the commercial register;

● this completed list of questions.

Additional information:

______

List of questions for the sale of a house

Section B

Personal particulars

Name: ______

Address: ______

Postal code and town/city: ______

Telephone: ______

Address of the property to be sold: ______

(to be filled in only if it differs from the address listed above)

1. Particular circumstances/details

a. After you acquired ownership to the property, were any other or supplemental notarial or private legal instruments or contracts drawn up relevant to the property? yes/no

b. Do you know of any oral or written agreements

entered into with regard to adjoining properties? yes/no

(such as agreements regarding the use of

a gate, shed, garage, garden, etc., agreements

with more than one neighbour, promises/

obligations entered into, fences or other objects

delimiting the property etc.)

If so, what are they:

______

c. According to you, do the property lines

presently set out deviate from the cadastral

property lines? yes/no

(Consider, for example, strips of municipal

land that you are presently using or land that

is part of your property and is being used by the

neighbours.)

If so, specify the deviation?

______

d. Is any part of your property, shed, garage or

fence built on land owned by the neighbours

or vice versa? yes/no

If so, please explain:

______

e. Are you using any land owned by third parties? yes/no

If so, please specify?

______

f. To the best of your knowledge, is your

property encumbered by any rights or

entitlements such as long lease/hereditary

lease, right to construct, usufruct, easements,

qualitative rights or obligations, perpetual

clauses, priority rights, options, rights to

repurchase, lease-purchase, competition

clauses/restraints of trade etc.? yes/no

(e.g. right of way, first right to purchase

provided to a third party, current disputes,

agreements with regard to the use of land

by owner or third party, rental/lease, option

clauses, etc)

If so, please specify?

______

g. Does the Municipalities (Preferential Rights) Act apply? yes/no

h. Does an anti-speculation condition

apply to the residence? yes/no

If so, when does it expire?

______

i. Is the property subject to any regulations

aimed at protecting village or village

conservation areas? yes/no

Is the property subject to any regulations

covering locally or nationally listed sites? yes/no

Is the property a so-called 'landmark'

object? yes/no

j. Is the property subject to land consolidation

regulations? yes/no

k. Is the property involved in expropriation/

alienation? yes/no

l. Is all or part of the house or land being let

or leased to others or being used by others? yes/no

If so:

- is there a rental/lease contract? yes/no

- which part is being let or leased or used?

______

-which parts are subject to shared use?

______

- which objects belong to the lessee so that

he or she may remove them in case of eviction?

(e.g. geyser, kitchen, lamps etc.)

______

- has the lessee provided a security deposit? yes/no

If so, how much?

______

- have you entered into any other agreements with the lessees? yes/no

If so, which?

______

m. Is the property presently involved in any

proceedings before the court, the rent tribunal

or any other body? yes/no

(e.g. expropriation or issues involving

neighbours)

If so, please specify?

______

n. Has an appeal been lodged against the

value assessment under the Valuation of

Immovable Properties Act (WOZ valuation)? yes/no

If so, explain:

______

o. Have any government authorities or public

utilities ordered or announced any improvements

or repairs that have not yet been adequately

implemented? yes/no

p. Have any subsidies or contributions been

granted in the past which can be reclaimed

in whole or in part upon sale of the house? yes/no

q. Has the property been declared unfit for

habitation or has it ever been declared unfit

for such use in the past? yes/no

r. Will the sale of the house be subject

to sales tax? yes/no

(e.g. because it is a former commercial property

or a residential property with an office component

or because it recently had major renovations done)

s. What are you now using the property for?

(e.g. as residence, office, shop, storage etc.)

______

Is this type is use permissible according to you

and/or the municipality? yes/no

2. Outer walls

a. Are the outer walls now, or have they been

in the past, subject to moisture penetration or

the long-term presence of moist areas? yes/no

If so, where?

______

b. Are there any (repaired) cracks or damaged

spots present in or on the outer walls? yes/no

If so, where?

______

c. Were the outer walls insulated when first

constructed? yes/no

If not, were they insulated afterwards? yes/no

d. Have the outer walls ever been cleaned? yes/no

If so, by which method?

______

3. Roof(s)

a. If there are any flat roof sections present (including extensions, garages, storage sheds etc.), how old are these roofs?

______

b. Are you troubled or have you ever been

troubled by leaking roofs? yes/no

If so, where?

______

c. Have any defects/faults been discovered in

connection with the roof construction, such as

crooked, sagging, creaking, damaged or

negatively impacted roof sections? yes/no

If so, where?

______

d. Have you ever had all or part of the roof

renewed or repaired? yes/no

e. Was the roof insulated when first built? yes/no

If not, was the roof insulated afterwards? yes/no

f. Are the rainwater drainpipes/drains in order? yes/no

If not, explain:

______

g. Are the roof gutters in order (e.g. leakage)? yes/no

If not, explain:

______

4. Door and window frames

a. When were the door and window frames last painted?

______

Was this done by a certified painting firm? yes/no

b. Do all the hinges and locks function properly? yes/no

If not, explain:

______

c. Are all the keys present? yes/no

d. Is there any double glass

present? yes/no/in part

e. Does any condensation take place between the

double glass? yes/no

If so, where?

______

5. Floors, ceilings and walls

a. Are floors, ceilings and/or walls subject to or have they been subject to moisture penetration or creeping wet spots? yes/no

If so, where? ______

b. Are floors, ceilings and/or walls subject to or have they been subject to mould formation? yes/no

If so, where?

______

c. Are there any (repaired) or (hidden) cracks and/or damaged spots present in or on floors, ceilings and/or walls? yes/no

If so, where?

______

d. Have there ever been any problems in the past with the finishing work? yes/no