The Purchase Agreement (Koopovereenkomst)

The koopovereenkomst is where a Dutch house purchase becomes legally real. How the three-day cooling-off period is actually counted, which escape clauses you must ask for, and the 10% penalty for walking away without one.

The koopovereenkomst is the contract between buyer and seller, and it is the moment a Dutch house purchase stops being a conversation and becomes an obligation. Everything before it — the viewing, the bid, the handshake, the agent's congratulatory phone call — is not binding on you.

That last point is worth stating plainly, because it works in your favour and most buyers do not realise it. When a private individual buys a home in the Netherlands, the agreement is only binding once it is in writing and signed by both parties. A verbal acceptance of your bid does not bind you, and it does not bind the seller either. Until the paper is signed, either side can still walk away.

Who drafts it

In most of the country the seller's agent (verkoopmakelaar) drafts the agreement, usually starting from the standard model contract used across the industry rather than writing one from scratch. In Amsterdam and Haarlem it is customary for a notary to draft it instead.

Whoever writes it, remember whose interests they represent. The seller's agent works for the seller. If you have your own buying agent (aankoopmakelaar), this is the point at which they earn their fee.

Binding immediately for the seller, three days for you

Once both parties sign, the agreement binds the seller straight away. The buyer gets a statutory cooling-off period — the wettelijke bedenktijd — during which you can cancel for any reason, or none, without penalty and without explaining yourself.

The counting is more precise than "three days", and people get it wrong:

• The period starts the day after you receive a copy of the agreement signed by both parties — not the day you signed it.
• It runs for three days, of which at least two must not be a Saturday, Sunday, or recognised public holiday. If that condition is not met, the period is extended until it is.
• It can be lengthened by agreement with the seller. It can never be shortened — a clause attempting that has no effect.

In practice a contract received on a Friday gives you longer than one received on a Tuesday. If you are close to the edge, count the days properly rather than trusting anyone's summary, and deliver your cancellation in writing inside the window.

The escape clauses you have to ask for

This is the most important section of the contract and the most commonly misunderstood. Ontbindende voorwaarden — resolutive conditions — let you dissolve the agreement without penalty if a specified thing does not happen by a specified date.

They are not automatic. They exist only if they are written into your contract. In a competitive market sellers prefer bids with fewer conditions, and buyers routinely waive them to win — which is a real gamble, not a formality.

The common ones:

• Financing (financieringsvoorbehoud) — dissolve the contract if your mortgage is not approved by an agreed date. Give yourself a realistic deadline; six weeks is common and often tight. You will normally have to show written rejections to invoke it.
• Structural survey (bouwtechnische keuring) — dissolve if a survey finds defects above an agreed cost threshold. Set that threshold as an actual number.
• NHG — dissolve if you turn out not to qualify for the National Mortgage Guarantee. See What is NHG?.
• Housing permit (huisvestingsvergunning) — relevant in some municipalities for certain properties.

The agreement can also contain clauses that shift risk onto you, such as an age clause on an older property. Those are covered in Purchase Agreement Clauses.

The deposit and the 10% penalty

You will normally be required to lodge a deposit of 10% of the purchase price, either in cash to the notary's escrow account or as a bank guarantee, by a date set in the contract — often around four to six weeks after signing. Security Deposit and Bank Guarantee explains both routes.

The deposit exists because of the penalty clause. If you fail to complete and have no valid resolutive condition to invoke, you forfeit 10% of the purchase price to the seller. On a €400,000 home that is €40,000. This is why the financing condition and its deadline deserve more of your attention than the colour of the kitchen.

What else is in it

• The purchase price and the transfer date (overdrachtsdatum)
• The list of movable items included in the sale (lijst van zaken) — check this line by line, because "floor coverings" and "the actual floor" are not the same promise
• Which party pays which costs
• Any defects the seller has declared
• For an apartment, the VvE documents — see Understanding the VvE

Before you sign

Read the whole thing, and specifically confirm four things: the resolutive conditions you asked for are actually present, their deadline dates are achievable, the transfer date works for you, and the list of movables matches what you were shown. If something is missing, say so before signing — afterwards you are negotiating from a much weaker position.

If your Dutch is not strong, have the contract translated at this stage. Note that later, at the notary, a certified interpreter is not merely advisable but legally required — see Interpreter Requirements at the Notary.

Signing

Many agreements are now signed digitally through platforms such as Signhost or DocuSign; signing on paper at the agent's office is still common. Both are legally valid. Make sure you receive the fully signed copy, and note the date you receive it — that is what starts your cooling-off clock.

Where to go next

• Purchase Agreement Clauses — the age clause and other risk shifters
• Security Deposit and Bank Guarantee — the 10% and how to provide it
• The Notary Appointment — what happens on transfer day
• First-Time Home Buyer in the Netherlands — the full process