How to buy a house in the Netherlands (2): The clauses

Are you an expat trying to buy a house in the Netherlands? Not sure about the whole process and which steps to take? Here is some information especially for you!
And do you want more information phone Willem den Hartog Jager of HJ Makelaardij. He has experience in helping expats and expat starters in particular buying a house in Utrecht. Telephone 06 – 14 88 88 33 or email him: willem@HJMakelaardij.nl

You can download a PDF version here.

Resolutive clauses

Previous steps:
Making an offer

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Resolutive clauses in the purchase agreement
Besides the price an offer can include several resolutive clauses. These clause can help to undo the contract in specific circumstances without having to pay a fine.

Financing Clause
A financing clause (financieringsbeding) will ensure that you can withdraw from a purchase if you cannot raise the required mortgage. The transaction will then not proceed. You will, however, have to demonstrate that you made sufficient effort to obtain a loan.

Structural surve
If you want to be sure you will not run into any problems after buying the property, a structural survey is a good idea. An independent expert will examine the property, assess its state of repair, and identify any problems. If there are any faults or defects, you will be given an estimate of the repair costs. If you are not happy with the structural survey’s findings and you included structural survey terms of max. € 5000 repair costs in the purchase contract, you will not be forced to buy the property. Alternatively, you could negotiate a lower purchase price.

National Mortgage Guarantee
The Dutch National Mortgage Guarantee scheme is unique in Europe. It helps you take out a mortgage that is affordable and responsible from the start. And if you do run into problems meeting your payments due to circumstances beyond your control, the National Mortgage Guarantee may provide a safety net.

You can include a condition to the effect that you will obtain a National Mortgage Guarantee (NHG). If it turns out that you are not eligible for such a guarantee, you can dissolve the purchasing contract. But be aware that there are some strict rules for obtaining a NHG mortage. Most important is the maximum mortgage ceiling of € 290.000 for 2019. 

Resolutive clauses continuation

Closing Date
The closing date is the date the new owners will get the key for their new home. When you are buying a house in an overheated market it’s best to confirm to the whishes’ of the sellers as regards to the closing date. In some cases this can mean that you will have to wait for the sellers to buy or move into a new house. But normally speaking it’s between 2 to 4 months after the signing of the purchase contract.

Choose a notary
If you are buying an exciting house you will be able to choose the notary that will complete the transaction. The choice is yours as buyer because you have to pay for their costs. Hence the term “kosten koper” (k.k.) which roughly translates to “additional cost/purchasing costs are for the buyer”.

If you are buying a new build house or apartment the project developer has the right to choose a notary. This is because they have to register the house at the Kadaster (Land Registry) before they can sell it. The notary will than settle the sale to a new owner but then at the expense of seller. This is called “vrij op naam”.

Other
There are some other resolutive clauses like a clean soil declaration or the recieving of a residence permit. The estate agent will inform you if he thinks it is required to adopt these kind of clauses in the bid which will get you your new house.

What happens after the sellers and buyers agreed on the purchase is to be read on the next page.

HJ Makelaardij Dichterswijk