Purchase Agreement Clauses: The Age Clause and Other Risk Shifters

The age clause, asbestos clause and non-occupancy clause quietly move risk from the seller onto you. Here is what each one means before you sign a Dutch koopovereenkomst.

Dutch law gives a home buyer a useful default: the seller must deliver a property fit for normal use, and stays liable for hidden defects that break that. Sellers know this — so they add clauses to the purchase agreement that carve exceptions out of it.

These clauses are legal, common, and often reasonable. But they are also easy to skim past, and each one moves a specific risk onto you. This article covers the ones you are most likely to meet. For the contract as a whole, start with The Purchase Agreement.

The age clause (ouderdomsclausule)

This is the one buyers ask about most. If you are buying an older home — in practice roughly 30 years or older, though there is no fixed legal threshold — the seller will very often insist on an age clause.

It says, in effect: this house is old, its construction quality and installations do not match modern standards, and you accept that. It removes the seller's liability for defects that follow from the building's age.

Why it matters more than it looks. The obvious reading is "old houses have worn-out parts". The practical reach is wider, because defects that are not directly caused by age can still fall under the clause. A roof that leaks because of an old underlying construction can land on your bill even though the roof covering itself looks sound. Once you have signed an age clause, you have very little recourse for that repair.

What to do about it. An age clause is usually not negotiable away on an older property — but it is a strong argument for a structural survey (bouwkundige keuring) before you commit, and for building the likely repair costs into your bid rather than your regrets. The survey costs a few hundred euros against repairs that can run to tens of thousands.

The asbestos clause (asbestclausule)

Asbestos was used in Dutch construction until it was banned in 1993, so any home built before then may contain it — commonly in roof sheeting, flue pipes, and floor coverings.

The asbestos clause states that asbestos may be present and that the seller accepts no liability for it, including for the cost of removal. Removal is regulated work: for anything beyond small, legally permitted DIY categories you must use a certified company, and the cost is not trivial.

If the house predates 1993 and there is an asbestos clause, treat asbestos as a question for your survey, not an afterthought.

The non-occupancy clause (niet-zelfbewoningsclausule)

This appears when the seller has never actually lived in the property — an investor, an heir selling an inherited home, or a bank. Their point is fair: someone who never lived there cannot reasonably tell you how the house behaves.

The clause therefore limits their liability for defects they could not have known about. It is a signal to inspect harder, because the usual source of informal knowledge about a house — its owner — does not exist in this transaction.

The financing condition (financieringsvoorbehoud)

This one works entirely in your favour, and it is the most important clause in the contract.

A financing condition lets you dissolve the purchase, without penalty, if you cannot obtain a mortgage by an agreed date — usually four to six weeks after signing. Without it, a mortgage rejection does not release you: you are still bound, and backing out normally means paying a penalty of 10% of the purchase price.

In a competitive market buyers are frequently pressured to waive it to make a bid more attractive. Understand precisely what you are giving up if you do. See The Bidding Process for how this trades off against price.

Two practical details: make sure the deadline is realistic for your lender, and note that you normally have to prove the rejection — often with letters from more than one lender — so read the exact wording.

The statutory cooling-off period is separate

Whatever clauses are in your contract, you also have a statutory cooling-off period of three days, of which at least two must not be a Saturday, Sunday or recognised public holiday. It begins at 00:00 on the day after you receive a copy of the agreement signed by both parties.

In that window you can withdraw for any reason, or none, with no penalty. It is a legal right and it cannot be contracted away — so if a clause appears to remove it, that is a reason to get advice.

Use those days properly: it is the cheapest opportunity you will ever have to change your mind.

A reading checklist before you sign

If any answer is unclear, ask before signing rather than after. Your own buying agent or the notary can explain a clause; the seller's agent works for the seller.

Next: Home Valuation and the Taxatierapport covers the appraisal your lender will require, and Security Deposit and Bank Guarantee explains the 10% you owe shortly after signing.

This is educational information, not legal advice. For a specific contract, consult a notary or a legal advisor.