What is the purchase agreement (koopovereenkomst)?

The purchase agreement (koopovereenkomst) is the written contract that records the price and conditions once a buyer and seller agree on a Dutch home — and once you sign it, you get a statutory cooling-off period of at least three calendar days (including at least two working days) in which you can still pull out without penalty. Having one drawn up typically costs €600 to €1,200. Here's what it contains and why it matters.

What is a provisional purchase agreement?

A provisional purchase agreement, also known as the deed of sale or initial purchase agreement, is a legal document that sets out the main agreements on the purchase of a property. It confirms the buying intention of both parties and records everything before the property is finally transferred at the notary. The contract defines the price, the purchase conditions, and any resolutive (dissolving) conditions.

How is a purchase agreement drawn up?

When drafting a purchase agreement, it is essential to clarify the sale details, such as the identity of the buyer and seller, the property, and any conditions or resolutive conditions. The contract is usually drafted by the seller or an estate agent to ensure that it meets legal requirements and protects both parties' interests.

A thorough purchase agreement is crucial to avoid problems or misunderstandings about the terms of the sale. It is wise to seek professional advice from a notary when drafting a purchase contract so that all important issues are included and you can be sure the contract is legally watertight. Having the agreement drawn up by a notary costs on average €600 to €1,200 — see the full notary costs overview to budget appropriately.

The cooling-off period

Once you have signed the purchase agreement, you get a statutory cooling-off period (bedenktijd). During this time you can withdraw from the purchase without giving a reason and without any penalty.

The cooling-off period lasts at least three calendar days and must include at least two working days, so it is extended when it falls over a weekend or a public holiday. It starts at 00:00 on the day after both parties have signed. For example, if you sign on a Thursday, your cooling-off period runs until the following Monday. If you change your mind within that window, there are no financial consequences.

For a day-by-day breakdown of exactly when the period ends, see our five steps to when a house is definitely sold.

Completing the provisional purchase agreement

Signing the provisional purchase agreement is the first binding step in the purchase process — but it does not yet transfer ownership. Legal ownership of the property only passes from seller to buyer later, when the transfer deed (leveringsakte) is signed at the notary. The purchase agreement locks in the deal and the conditions; the process then ends with the final transfer at the notary.

It is essential to work closely with your estate agent, legal advisor, and notary to ensure that everything goes smoothly.

Roles and Responsibilities in the preliminary purchase agreement

In the preliminary purchase agreement, the seller, buyer, and estate agent each have unique roles and responsibilities:

• The seller is responsible for providing all necessary documentation and information about the property
• The buyer is responsible for verifying the information and arranging financing with a mortgage advisor
• The broker plays an intermediary role between the parties and ensures that the interests of both the buyer and seller are protected

Understanding the preliminary purchase agreement

The preliminary purchase agreement can be a complex document to understand, especially if you are not familiar with legal terminology. It is important to take the time to fully read and understand the contract before proceeding.

Importance of the preliminary purchase agreement

The preliminary purchase agreement is an essential document in the home-buying process. It lays down the essential details of the sale, such as the purchase price, the transfer process, and any special conditions or restrictions. It also protects the buyer and seller by ensuring that both parties comply with their obligations.

Terms and conditions

Termination conditions are conditions that both the buyer and the seller agree to and include at the end of the sale. If none of the parties do not meet these conditions, the contract can be dissolved. Carefully reviewing these terms will help prevent future disputes about the offer made.

Examples of resolutive conditions

1. Reservation of financing: If the buyer cannot get financing in the end, the contract can be dissolved free of charge.
2. Reservation of housing permits: In some cases, a housing permit is required. If this is not obtained, the buyer can dissolve the contract.
3. Reservation of National Mortgage Guarantee: If the buyer wants to take out a mortgage guarantee and this is not possible, the contract can be dissolved.

Frequently asked questions

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• Five steps: When is a house definitely sold
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