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Preliminary sale agreement template for the Netherlands

Purchase agreement for an existing homeKoopovereenkomst bestaande woning

The binding written sale contract for an existing house or flat, signed by seller and buyer before the notarial transfer. It fixes the price, costs, transfer date, notary, deposit, condition of the home, penalties and the buyer's resolutive conditions, and records the 3-day cooling-off period.

Use it once buyer and seller agree on price and conditions for an existing home, when no agent supplies a contract or when you want to check the agent's draft. Most agents use the model of Vereniging Eigen Huis, NVM and Vastgoed Nederland; this template follows the same order of subjects. Do not use it for a new-build home bought from a developer (the developer's contract and a separate guarantee scheme apply), a home on leasehold (erfpacht) without adding the leasehold terms, or a sale at a notarial auction.

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Key facts

Applies to
European Netherlands. Bonaire, Sint Eustatius and Saba have their own civil code and are not covered.
Form
Written and signed by both parties when the buyer is a private person. An oral agreement does not bind (BW 7:2 lid 1).
Cooling-off period
3 days for a private buyer, from the day after receipt of the signed agreement. The buyer gives no reason and owes nothing (BW 7:2 lid 2).
Cooling-off: working days
At least 2 working days. The period is extended if it ends on a Saturday, Sunday or public holiday (Algemene termijnenwet, art. 1 and 2).
Deposit
Usually 10% of the price, paid to the notary or covered by a bank guarantee.
Penalty for default
Almost always 10% of the price, payable after a formal notice of default and usually 8 days to comply.
Registration of the purchase
Protects the buyer against later sales, mortgages, leases and seizures. It lapses if the home is not transferred within 6 months (BW 7:3).
When ownership passes
At the notarial transfer deed followed by its registration with the Kadaster (BW 3:89).
Transfer tax
2% for the buyer's main residence, 8% for other homes (Wet op belastingen van rechtsverkeer, art. 14).
Starter exemption
Buyers aged 18 to 34 are exempt once for a home worth at most €555,000 in 2026 (Wet op belastingen van rechtsverkeer, art. 15).
Owners' association charges (flat)
Buyer and seller are jointly liable for VvE contributions due in the current and the previous financial year (BW 5:122 lid 3).

The document

Text shown

You sign the Dutch version. The English version helps you understand it. Your answers fill both.

Purchase agreement for an existing home

  1. 1.Parties

    1. 1.1

      The undersigned: Seller (every registered owner), hereinafter "the seller", and Buyer, hereinafter "the buyer", declare that they have agreed as follows.

      Give name, date and place of birth, address and marital status. A married seller may need the spouse's consent to sell the family home; ask the notary.

    2. 1.2

      If there is more than one seller or buyer, each of them is jointly and severally liable for the obligations under this agreement, and they may exercise their rights only jointly.

  2. 2.The property sold

    1. 2.1

      The seller sells to the buyer, who buys from the seller: the home with the land under it, yard, garden and other appurtenances, known as Address of the home, registered in the cadastre as Cadastral reference, hereinafter "the property".

      Cadastral reference: municipality, section, parcel number and size. For a flat, also the apartment index and the share in the building.

    2. 2.2

      The sale includes the movable items marked on the list of items attached to this agreement.

      The list of items (lijst van zaken) decides what stays in the home. Check each line.

  3. 3.Price and costs

    1. 3.1

      The price is € Price in euros (Price in words, in Dutch euros), of which € Part of the price for movable items, EUR relates to movable items.

      Write "0" if no movable items are sold. The notary may leave the movables part out of the transfer tax base.

    2. 3.2

      The costs of the transfer, including the transfer tax, the notary's fee for the transfer deed and the land registry fees, are for the buyer's account. The costs of cancelling existing mortgages and seizures are for the seller's account.

  4. 4.Transfer and payment

    1. 4.1

      The transfer deed will be executed before Name and office of the notary on or before Transfer deed on or before.

    2. 4.2

      The buyer pays the price and the costs through the notary's third-party account. The notary pays the price to the seller once it is certain that the property is registered in the buyer's name, free of mortgages and seizures.

    3. 4.3

      Physical delivery takes place when the transfer deed is executed, with the handover of all keys. The seller delivers the property empty, vacated and broom-clean, free of tenancy and occupation.

      If the home is let, replace the last sentence: the buyer takes over the lease (BW 7:226). Attach the lease.

  5. 5.Deposit or bank guarantee

    1. 5.1

      By Last day for the deposit or guarantee at the latest, the buyer pays a deposit of € Deposit or bank guarantee in euros into the notary's third-party account, or by that date provides an unconditional bank guarantee of the same amount in favour of the notary, valid until at least one month after the transfer date.

      Set the deadline after the cooling-off period. A bank guarantee usually costs about 1% of the guaranteed amount.

    2. 5.2

      The deposit is set off against the price at transfer. If this agreement is dissolved under the cooling-off period or a resolutive condition, the notary repays the deposit to the buyer, or the bank guarantee lapses.

  6. 6.Condition and properties

    1. 6.1

      The property is accepted in the condition it is in when this agreement is made. At transfer it will have the actual properties needed for normal use as a home. The seller does not warrant properties other than those needed for that normal use.

      This mirrors the conformity rule of BW 7:17. The seller must still disclose defects the seller knows of.

    2. 6.2

      The seller transfers the property free of mortgages, seizures and their registrations. The buyer accepts the following burdens and restrictions: Known burdens and restrictions.

      List easements, qualitative obligations and chain clauses (kettingbedingen). Copy them from the seller's title deed.

    3. 6.3

      The seller declares having disclosed the following to the buyer: Facts the seller discloses. The seller declares that the seller knows of no other defects, official orders or disputes that hinder normal use as a home.

      Cover defects, asbestos, soil, foundation, municipal orders and disputes. Refer to the completed questionnaire (vragenlijst).

  7. 7.Benefits, charges and risk

    1. 7.1

      Benefits and charges pass to the buyer from Charges pass to the buyer from. The notary apportions the current charges at transfer.

      The date is usually the transfer date.

    2. 7.2

      The property remains at the seller's risk until physical delivery. If it is wholly or partly destroyed or seriously damaged before then, the buyer may dissolve this agreement or demand performance with the assignment of the claims against the insurer.

  8. 8.Resolutive conditions

    1. 8.1

      The buyer may dissolve this agreement if, by Last day for the financing condition at the latest, the buyer has not obtained a binding commitment from a recognised lender for a mortgage loan of at least € Mortgage amount for the condition, EUR to finance the property.

      Keep it unless you buy with your own funds. Four to eight weeks is a common period.

    2. 8.2

      Optional

      The buyer may dissolve this agreement if, by Last day for the NHG condition at the latest, the buyer cannot obtain a National Mortgage Guarantee (NHG) for the financing.

      Keep it only if your mortgage depends on NHG. The NHG limit is €470,000 in 2026.

    3. 8.3

      Optional

      The buyer may dissolve this agreement if a building survey by an expert, carried out by Last day for the survey condition at the latest, shows that the direct repair costs exceed € Repair cost limit in euros.

      Keep it when no survey was done before signing.

    4. 8.4

      Notice invoking a resolutive condition must be given in writing, with reasons and supporting documents such as the lender's refusal, and must reach the seller or the seller's agent no later than the first working day after the relevant date. The parties will do everything reasonable to meet the conditions.

  9. 9.Notice of default, dissolution and penalty

    1. 9.1

      If a party, after being given notice of default by bailiff's writ or registered letter, fails to perform its obligations for eight days, the other party may dissolve this agreement in writing and claim an immediately payable penalty of 10% of the price, or demand performance.

    2. 9.2

      Optional

      If the other party demands performance, the party in default owes, from the ninth day after the notice of default, a penalty of 3‰ of the price per day, up to a maximum of 10% of the price. The notary is authorised to pay a penalty due out of the deposit or the bank guarantee.

      The Eigen Huis, NVM and Vastgoed Nederland model uses 0.3% of the price a day after the 8 days, up to 10%. Delete it to keep only the 10% dissolution penalty.

  10. 10.Registration in the public registers

    1. 10.1

      Optional

      The parties instruct the notary to register this purchase agreement in the public registers, as referred to in article 7:3 of the Civil Code, no later than Notary registers this agreement by. The costs are for the buyer's account.

      Recommended. During the cooling-off period, registration is only possible if a Dutch notary drew up and co-signed this agreement (BW 7:3 lid 2).

  11. 11.Apartment right and owners' association

    1. 11.1

      Optional

      The property sold is an apartment right. The buyer declares having received a copy of the deed of division, the rules, the house rules and the minutes and annual accounts of the last three years. Details of the owners' association: Owners' association (flat only). The seller declares knowing of no resolutions for extraordinary contributions or disputes within the association, except as stated above.

      Keep it for a flat, delete it for a house. The notary attaches the VvE statement of debts to the transfer deed (BW 5:122 lid 5).

  12. 12.Cooling-off period

    1. 12.1

      If the buyer is a natural person not acting in the course of a profession or business, the buyer has the right to dissolve this agreement during three days after receiving a copy of the agreement signed by both parties, as referred to in article 7:2 of the Civil Code. The cooling-off period starts at 00:00 on the day after receipt and includes at least two days that are not a Saturday, Sunday or generally recognised public holiday. If the cooling-off period ends on a Saturday, Sunday or generally recognised public holiday, it is extended up to and including the next day that is not.

    2. 12.2

      Dissolution within the cooling-off period must be in writing and must reach the seller or the seller's agent before the period ends.

  13. 13.Annexes and final provisions

    1. 13.1

      The following annexes form part of this agreement: Annexes. The seller hands the buyer a valid energy label no later than at transfer.

    2. 13.2

      This agreement is governed by Dutch law. For the performance of this agreement the parties elect domicile at the notary's office.

  14. 14.Signatures and acknowledgement of receipt

    1. 14.1

      Drawn up and signed at Place of signature on Date of signature. Signature of the seller: Seller (every registered owner). Signature of the buyer: Buyer.

      List every registered owner as seller. For a company, give its name, registered office, Chamber of Commerce number and signatory.

    2. 14.2

      Acknowledgement of receipt: the buyer declares having received a copy of this agreement signed by both parties on Date the buyer got the signed copy. Signature of the buyer: Buyer.

      The receipt date fixes the start of the cooling-off period. The seller may ask for it (BW 7:2 lid 2).

Formalities

  1. Give the buyer a copy of the signed agreement and let the buyer sign a dated receipt. The 3-day cooling-off period starts the next day.
  2. The agreement does not transfer ownership. A civil-law notary later draws up the transfer deed (akte van levering), and both parties sign it.
  3. The notary registers the transfer deed with the Kadaster (BW 3:89).
  4. The buyer pays the price and the deposit through the notary's third-party account (derdenrekening).
  5. Ask the notary to register the purchase agreement in the public registers (BW 7:3).
  6. Registration protects the buyer for 6 months against a later sale, mortgage or seizure by the seller's creditors.
  7. For a flat, attach the deed of division, the rules and the latest documents of the owners' association (VvE).
  8. The seller must hand over a valid energy label. Transfer tax is due on the transfer deed, not on this agreement.

Common mistakes

  • Signing a "voorlopig koopcontract" in the belief that it is not binding. Despite the name, it binds both parties once the cooling-off period ends.
  • Leaving the condition dates blank or unrealistic. Once a date passes, the buyer cannot rely on the condition, even if the bank refuses the loan the next day.
  • Invoking a condition orally or late. Send written notice with proof, such as the lender's refusal, so that it reaches the seller before the deadline.
  • Paying the deposit to the seller or the agent. Pay it into the notary's third-party account, or give a bank guarantee in favour of the notary.
  • Skipping registration of the purchase agreement to save the fee. A seizure or bankruptcy of the seller before the transfer can then block or delay the sale.
  • Accepting an "ouderdomsclausule" or "niet-zelfbewoningsclausule" unread. They limit the seller's liability for defects, so commission a building survey first.
  • Buying a flat without the VvE documents. Check the reserve fund, planned works and arrears first: you become liable for recent unpaid contributions.

Legal basis

Sources

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