Custom legal document

Drafting a Sale and Lease Backagreement

Have it drafted, amended, or reviewed by our legal experts and/or lawyers starting from 99
SME Lawyers

A template from the internet usually does more harm than good.
Have a lawyer review it and protect yourself against blunders, fines, and bitter consequences.

  • Truly Tailor-Made Legal Solutions
  • Fixed rates
  • Pay later after draft
  • Free adjustment round
  • Delivered within 5 working days
  • Express delivery possible
  • Available in Dutch and English

How does it work?
Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
Lawyers and legal professionals.Direct contact with a specialist who thinks practically.
Fixed rates.Where possible, clarity regarding costs in advance.
Within 4 hoursWe respond quickly to your request.
  • We worked for, among others:
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner
  • MKBjuristen.nl partner

We worked for, among others:

An incorrect document often provides a false sense of security.
You think everything is taken care of, but only discover whether the document actually works during a conflict or claim.

1

Free intake

We discuss your company, the purpose of the document, and the key risks.

2

Draft or check

We draft a custom document or review your existing document legally.

3

Final version

You will receive a final version with instructions on correct usage.

Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

A legal document must not only be legally correct. Above all, it must align with how the entrepreneur will actually use the document

  • Lawyers and in-house counsel
  • Active since 2001
  • Affordable custom legal services
  • Always focused on practical use

Choose Tailored Legal Solutions

Choose whether you want to have the document drafted, checked, or modified. Prices and options vary per document.

From 99
Customization
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

from 99.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 99.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 0.5 to 1.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year

Reviews (21)

Naima

We had immediate confidence in the team's expertise. They provided a watertight confidentiality clause that perfectly suited our innovations. Our business partners were impressed by the professionalism of the contracts.

Wouter

They really thought along with our situation. The empathy and understanding of the lawyer made this a very pleasant collaboration. It is clear that they have a passion for entrepreneurship.

Jeroen

Excellent communication and a carefully drafted document. We received a clear explanation of the risks. Fantastic value for money for this level of expertise.

Caroline

From the very first moment, we felt heard. The guidance during the drafting of the general terms and conditions was invaluable. It is clear that they have a passion for entrepreneurship.

Tijn

The speed of action pleasantly surprised us. Communication was always handled through a single point of contact, which prevented confusion. The document was accepted flawlessly by our investors.

Yassine

The accessibility of the office is excellent. We greatly appreciated the pragmatic approach taken in resolving the bottlenecks. The service was professional and personal.

Monique

The communication was smooth and professional. The advice regarding the collection terms in the terms and conditions was particularly useful for our cash flow. Fantastic value for money for this level of expertise.

Burak

The communication was smooth and professional. A perfect balance was struck between protecting our business and not deterring customers. The end result aligns 100% with our high standards.

Bass

The lawyer took a practical approach with our company. They flawlessly exposed the pain points in our current contract. The document was accepted flawlessly by our investors.

Cas

The start of the process immediately made a professional impression. Every adjustment we wanted was incorporated seamlessly and legally correctly. The service was professional and personal.

Sanne

It immediately felt like a partnership rather than a simple service. The risks we were willing to take were assessed strictly but fairly. Our business partners were impressed by the professionalism of the contracts.

Lieke

The consultation provided immediate clarity. The lawyer needed only half a word to create the right context. A party that delivers on what it promises on its website.

Salma

They immediately started thinking in terms of solutions rather than problems. It was clearly indicated what we needed to pay attention to. A party that delivers on what it promises on its website.

Farah

We quickly gained insight into the key risks. The entire process felt like a co-creation rather than a one-sided assignment. A party that delivers on what it promises on its website.

Finn

The personal touch during the initial meeting was a major plus. The revisions were spot-on every time and required virtually no correction on our part. A company that delivers on what it promises on its website.

Oussama

It was immediately apparent that the lawyer had extensive experience in our sector. The telephone consultation regarding the final details provided just that little bit of extra confidence. The final result aligns 100% with our high standards.

Oscar

We didn't feel like just a number, but received truly personal attention. The proactive approach went beyond just the legal framework; the business side was also addressed. The final result aligns 100% with our high standards.

Sarah

It was great that we could immediately brainstorm about the best approach. The attention to detail when reviewing the fine print was phenomenal. Fantastic value for money for this level of expertise.

Sven

We were in a contentious situation, but the calm start defused the tension. There was room for our specific wishes. The document was accepted flawlessly by our investors.

Sam

It was nice that potential pitfalls were proactively considered. We exchanged quite a few emails, but the responses remained quick and helpful. The quality fully met our expectations.

Laura

The energetic and positive attitude of the employees was immediately noticeable. The comments were concrete and directly usable. The quality fully met our expectations.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

  • Nationwide coverage
  • First consultation free and without obligation
  • Fixed rates where possible
  • Affordable legal advice from lawyers and legal experts
  • Always a response within 4 hours

First, see how we work

A legal document requires trust. You see immediately who we are, how we help entrepreneurs, and why we do not work with standard templates.

  • You can view our working method before submitting an application
  • You will get a feel for the office and the people faster
  • The video supports the choice for customized legal solutions
  • After that, you can immediately request a quote or intake

What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
  • Practical explanation on how to use the document
  • Legal attention to liability, payment, and termination
  • Where possible, provide clarity in advance regarding price and delivery time
Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

A few fundamental choices govern the entire structure of the agreement and the consequences for your balance sheet and tax position.

Choice or question Why this matters legally
Operational or financial lease? With a financial lease, the asset remains economically with you (on your balance sheet, you bear the residual value risk); with an operational lease, this lies with the financier. This choice determines accounting and taxation.
Would you like a buy-back option? With a purchase option, you retain the certainty that you can reacquire the property; without an option, financial flexibility is greater, but you lose security of ownership.
Who bears maintenance and risk? Specify whether you, as the lessee, or the financier, are responsible for maintenance, insurance, and the risk of depreciation or destruction.
Fixed or indexed terms? Fixed terms provide predictability; indexation spreads the inflation risk but makes the costs less certain.
What is the desired term? A longer term reduces the installments but binds you for longer; align the duration with the economic lifespan of the asset.
Clauses and provisions

Which components belong in a sale and leaseback agreement?

A sale and leaseback agreement combines a purchase and a lease into a cohesive whole. The following components ensure that both parties are comprehensively documented.

Provision Relevant to Legal point of attention
Description of the object Always Describe the sold asset exactly (characteristics, location, license plates or serial numbers) so that there is no doubt about what is being sold and leased back.
Purchase price and delivery Always Record the purchase price, payment term, and moment of transfer of ownership; for registered properties, delivery takes place via the notary.
Lease type and qualification Always Determine whether it concerns an operational or financial lease; this determines the balance sheet, tax and ownership consequences.
Lease terms and term Always State the amount, frequency, and indexation of the installments and the duration of the agreement.
Maintenance and insurance Generally Indicate who maintains and insures the object and who bears the risk in the event of damage or destruction.
buy-back or option scheme Often Arrange whether and at what price you can repurchase the object at the end or extend the lease.
Obligations in case of non-payment Always Describe the consequences of late payment, enforceability, and return of the object.
Termination and delivery Always Record how and in what condition the object is delivered or transferred at the end of the lease.
Use in practice

How do you use this document correctly?

The agreement is only effective if both transactions (sale and leaseback) are carefully executed and documented.

Situation What should you do? Point of attention
For signature Have the property appraised and the value substantiated A market-based purchase price prevents tax disputes and sham arrangements.
Upon transfer of ownership Arrange for correct delivery (for registered property via the notary) Without valid delivery, ownership does not transfer and the construction is open to challenge.
During the term Pay installments on time and keep the payment overview In the event of non-payment, the financier can repossess the asset; proof of payment protects your position.
At the end Record delivery or exercise of the purchase option in writing Prevents disputes regarding the condition of the object and who becomes the owner.
Common mistakes

Common mistakes

In sale and leaseback, things often go wrong regarding the relationship between the purchase and the lease. Watch out for the following pitfalls.

Wrong Consequence Better approach
No market purchase price The tax authorities or bankruptcy trustee may classify the transaction as a sham transaction or a fraudulent act Substantiate the price with an independent valuation.
Lease type not clearly qualified Uncertainty regarding balance sheet, ownership, and tax treatment Explicitly state whether it is an operational or financial lease.
Maintenance and risk not regulated Discussion about who bears damage or loss of value Explicitly assign responsibilities for maintenance, insurance, and risk.
Buyback conditions are missing You cannot get the object back at the end (at a predetermined price) Include a clear purchase option or extension arrangement.
Delivery not carried out correctly Ownership is not transferred legally; the entire structure is shaky Arrange the transfer in accordance with the correct legal form; for registered property, via a notary.
Risk profile

What is your situation and what do you pay attention to?

Depending on the object and your objective, the focus shifts to other risks. Recognize your situation.

Risk profile Example Focus in the document
Commercial building You sell and lease back your own property to free up liquidity Pay attention to notarial transfer, rental or lease terms, and any transfer tax.
Machines or means of production You finance expensive machinery via sale and leaseback Pay attention to maintenance, residual value, and what happens upon technical obsolescence.
Vehicle fleet You lease back your vehicles to spread fixed costs Pay attention to insurance, mileage, maintenance, and return conditions per vehicle.
Financial tightness You use the structure to obtain immediate liquidity Ensure that the transaction cannot be challenged as a fraudulent conveyance and is based on market-conform terms.
Additional documents

When is this document not enough?

Sometimes your situation touches upon other agreements or conflicts for which an additional document or advice is required.

Situation Supplementary document Why
You make long-term agreements with the financier regarding cooperation Cooperation Agreement Record broader agreements regarding the collaboration and mutual obligations separately.
The lender does not pay the installments or you do not get the object back Debt collection In the event of non-payment or a dispute regarding a refund, collection or legal assistance is required.
You want to share confidential business information during the negotiation Confidentiality Agreement Protect sensitive figures and business data with a separate confidentiality agreement.
Explanation of this document

Drafting a Sale and Lease Back Agreement, why?

Not every entrepreneur knows exactly what sale and leaseback agreements are, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal frameworks are important.

What is a sale and leaseback agreement?
A sale and leaseback agreement is a transaction in which a company sells an asset—real estate, machinery, vehicles, or other business assets—to a financier and subsequently leases the asset back from that same financier. The company receives the sale price as liquidity and continues to use the asset through the lease contract. Sale and leaseback is a financing instrument that releases capital tied up in assets without terminating the use of those assets. The transaction always consists of two agreements: the purchase agreement, in which ownership passes to the financier, and the lease agreement, in which the rights of use revert to the original owner. Our lawyers will draft a sale and leaseback structure for you that determines the purchase price and lease payment correctly for tax purposes, properly documents the transfer of ownership, and clearly regulates the consequences in the event of payment arrears.
What are the tax considerations regarding sale and leaseback?
Sale and leaseback has significant tax implications. For real estate: transfer tax is payable upon sale, unless an exemption applies. The book profit on the sale is taxable as corporate profit, unless a reinvestment reserve is formed. Lease payments are deductible as operating expenses in the case of an operating lease; in the case of a financial lease, only the interest component is deductible. Under IFRS 16: sale and leaseback transactions are recognized on the balance sheet as a rental obligation under IFRS 16, which affects balance sheet ratios. The Tax Authorities assess whether the transaction is arm's length: the purchase price must be in line with market rates and the lease payments must reflect a fair return for the financier. Our lawyers advise you on tax structuring and draft the contracts that support the desired tax treatment.
How do you manage the consequences of payment arrears and the lender's right to the asset?
In a sale and leaseback, the financier holds legal ownership of the asset—the lessee is merely the user. In the event of payment default, the financier/owner has the right to terminate the lease agreement and repossess the asset. For the lessee, this constitutes an existential risk: loss of the asset can severely disrupt business operations. Your sale and leaseback agreement must clearly regulate the procedure in the event of payment default: what period does the lessee have to rectify the situation, what additional security may be required, and how is the asset returned? Our lawyers draft a balanced sale and leaseback structure that properly protects the interests of both the financier and the lessee.
How does it work at MKBjuristen?
After a brief intake, our lawyers draft a sale and leaseback agreement that establishes the purchase price and lease terms in a tax-compliant manner, correctly documents the transfer of ownership, and clearly regulates the payment arrears procedure.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

Webshops & e-commerce

Focus on online sales, delivery, returns, complaints, payment, digital products, and consumer regulations.

Business services

Attention to the assignment, additional work, liability, payment, termination, and reliance on client information.

Construction, installation & execution

Attention to planning, delivery, warranties, additional work, materials, delays, and liability risks.

Software, SaaS & digital services

Attention to licenses, availability, support, updates, data, intellectual property, and limitation of liability.

Trade, supply & wholesale

Attention to delivery, transport, payment, retention of title, warranties, delivery times, and international agreements.

Consultants, freelancers & advisors

Attention to scope, best efforts obligations, cancellation, payment, liability, and confidential information.


A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

  • Using a standard document that does not suit the company
  • Forgot important agreements regarding payment, delivery, liability, or termination
  • Have a document generated without legal review
  • Continuing to use old documents while the company has changed
  • Not knowing how the document should be used correctly in practice

A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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