Hoe kun je onder de aankoop van een huis uit na het verlopen van de bedenktijd?

How can you cancel the purchase of a house after the cooling-off period has expired?

Buying a house is a big decision, but sometimes circumstances arise that make you want to back out of the purchase, even after the three-day cooling-off period has passed. While this is more difficult, there are options available depending on your situation. Below, we discuss the most important options.

What is the cooling-off period?

The three-day cooling-off period is a legal provision for private home buyers (Article 7:2, paragraph 2, of the Dutch Civil Code). During this period, you can cancel the purchase agreement without giving a reason and without incurring any costs. After this period, the purchase agreement is binding, unless:

  1. There are contingencies in the purchase agreement.
  2. You can demonstrate that the seller has not kept to the agreements.

Options to cancel the purchase agreement after the cooling-off period

  1. Dissolving conditions in the purchase agreement

    • Check the purchase agreement for any contingencies, such as:
      • Financing reservation : If you cannot obtain a mortgage, you can terminate the agreement.
      • Reservation of building inspection : If serious defects are found in the home, you may be able to cancel the purchase.

    Make sure you provide evidence within the agreed deadlines, such as a rejection of the mortgage application or the building inspection report.

  2. Terminate agreement by mutual agreement

    • Contact the seller and explain your situation. Some sellers are willing to terminate the agreement, for example, if they believe you cannot complete the purchase.

  3. Default by the seller

    • If the seller fails to adhere to the agreements in the purchase agreement, such as providing documents or information on time, you may be able to cancel the purchase.

  4. Legal grounds for dissolution

    • In exceptional cases you can appeal to:
      • Error (Article 6:228 BW) : If you purchased the property based on incorrect or incomplete information provided by the seller, you can challenge the agreement.
      • Fraud or deception : If the seller has deliberately withheld important information, such as hidden defects, you can take legal action.
      • Force Majeure : If there are unforeseen circumstances that make it impossible to purchase the property (for example, sudden loss of income), you can try to have the agreement terminated.

  5. Failure to meet financing

    • If you haven't included the financing contingency but still can't secure financing, you can notify the seller. While this isn't guaranteed to work, some sellers are willing to terminate the sale to avoid further problems.

What are the possible consequences of dissolution?

If you want to unilaterally terminate the purchase agreement after the cooling-off period and without a valid reason, this may have financial consequences:

  1. Penalty clause

    • The purchase agreement often includes a penalty clause of 10% of the purchase price. If you default on the purchase, the seller can demand this penalty.

  2. Compensation

    • The seller can claim additional compensation if they suffer financial loss due to your cancellation, for example due to a lower sales price to a new buyer.

  3. Court case

    • If you refuse to complete the purchase and the seller demands compliance, he can initiate legal proceedings to force you to take possession of the property.

How do you approach this?

  1. Contact a legal advisor

    • A lawyer or legal expert specializing in real estate law can advise you on your specific situation and the chances of withdrawing from the purchase.

  2. Consult with the broker

    • Real estate agents often have experience with these types of situations and can mediate between you and the seller.

  3. Look for alternative solutions

    • If you no longer want or can afford the property, you can try to find another buyer to take your place (contract takeover). This requires the seller's consent.

Conclusion

Canceling a house purchase after the cooling-off period is possible, but complicated. Rescinding conditions, default by the seller, or legal grounds such as mistake or force majeure can offer a solution. Always consult a legal advisor to minimize the risks and determine the best approach.

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