Nederlands

Negotiations

Yes, the broker can negotiate with multiple parties simultaneously but must inform all involved parties.

The seller sets the asking price in consultation with the broker. The buyer can negotiate, but the seller ultimately decides if and to whom they want to sell. This applies to all matters the seller considers important for deciding whether to sell. A sale is only concluded (in writing) when both parties agree on all terms.

You are only in negotiation when the seller reacts positively to your offer, for example by making a counteroffer. The broker can also explicitly indicate that they are negotiating with you. If the broker only says they will discuss your offer with the seller, you are not yet in negotiation.

Purchase

During the cooling-off period, the buyer can still cancel the agreement. This gives the opportunity to consult experts, for example.

The cooling-off period lasts (at least) three days and starts the day after the buyer receives the signed deed or a copy thereof. The period ends at midnight on the last day. It does not matter at what time the buyer received the deed.

If you wish to use the legal cooling-off period, it is wise to do so in writing because proving a verbal cancellation is difficult.

Banks apply strict rules for granting new mortgages. These are set out in the Mortgage Lending Code (Gedragscode Hypothecaire Financieringen - GHF) combined with ministerial regulations. What rules apply and how much can you borrow?

Besides income requirements, lenders also consider the ‘market value’ of the property. The lender determines this market value, which can be:

  • The purchase price of the house
  • The purchase/contract sum, possibly including land price, construction costs, additional work, construction interest, and utility connection costs
  • The appraised value, possibly after renovation

For an existing home, in 2014 you could borrow a maximum of 104% of the market value (including renovation).

Since 2018, the maximum mortgage cannot exceed 100% of the market value. Therefore, from 2013 onwards, the maximum mortgage amount has been reduced in six equal steps of 1%. This means you will increasingly have to pay the additional costs yourself.

No. The highest court in the Netherlands, the Supreme Court (Hoge Raad), has ruled that the asking price of a house is an invitation to make an offer. If you offer the asking price from an advertisement or listing, you are making an offer. The seller can still decide whether to accept your offer, reject it, or have their broker make a counteroffer. The seller can even decide to raise the asking price during negotiations.No. The  highest courtthe Supreme Court  has  in fact  ruled that the  asking price of a  property is an invitation  to make  an offerIf the  asking price  of an  ad or  property guide, then you do  a bidThe seller can  then  decide whether to  accept  your  offer or not,  or that  his  broker a  counter offer.  He  may  even decide  the  asking price  during the negotiations  to increase.

This rarely happens in practice but is legally possible. Also, there is a requirement that the purchase agreement must be signed by both parties before the sale is final. 

Costs for the buyer (k.k.) means that the buyer pays all costs related to the transfer of the purchased property. These costs amount to about 6% of the purchase price. They include:

  • 2% transfer tax
  • Notary fees for drafting the deed of transfer
  • Land registry fees for registering the deed
  • In addition, the buyer must also consider:
  • Notary fees for drafting the mortgage deed
  • Land registry fees for registering the mortgage deed

Broker fees are never included in the costs for the buyer. If a seller hires a broker to sell their house, the seller pays those fees. If a buyer hires a broker to assist with the purchase, the buyer pays those costs. Please keep this in mind when buying a house.

Also, in 2015 it was still possible to borrow up to 104% of the property value, so be aware of this when buying!

For any questions, you can of course contact our office!

When the broker says a property is ‘under offer,’ it means there is a serious interested party, and the broker has promised not to encourage transactions with others. However, this does not necessarily mean that viewings are no longer possible, unless the broker decides otherwise or agrees differently with the seller. The broker should clearly indicate if the property is ‘under offer’ or if they are in talks with another candidate.

Sale

No. The costs  are  not  the  buyer  brokerage feesIf  you hire us  to sell  your property then  you will  have to pay  costs  of our servicesIf  the buyer is  an estate agent  for the purchase  of a home, the  buyer  must pay  cost of  our services.

Legally, an option gives a party the right to unilaterally enter into a purchase agreement with another party. Both parties agree on the terms, but the buyer might still get a week to reconsider.

This is common with new-build homes. For existing homes, the term ‘option’ is often used incorrectly. It usually means certain promises the selling broker makes to a potential buyer during.

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