Legal advice when buying a houseboat | Legal advice

Questioner

We want to buy a houseboat. The selling broker has sent us a purchase agreement. We haven't signed yet. This contract states that we had to pay a deposit by a certain date. However, we have quite a few questions about the purchase contract and this term has expired in the meantime. Now the selling broker demands that we quickly transfer that deposit. And says that we can no longer cancel the purchase Is that allowed?

Lawyer

This is not correct, but should be apparent from the agreement. The purchase of real estate is subject to the written requirement, which means that the purchase only comes to fruition after the contract has been signed. However, it may be that any reasonable costs incurred by the broker may be charged. If desired, you can email the purchase agreement to me for more specific advice. For more information or assistance, please feel free to contact me directly and without obligation.

Lawyer

You have not yet accepted the offer for the purchase? However, a signature is not a strict requirement, but agreement on the main obligations (which matter, the most important conditions such as the price) is. Did you forget a financing reservation?

Questioner

B. Biharie, is a houseboat a movable property or an immovable property? I could find the requirement of writing for immovable property on the internet. I wonder if this also applies to houseboats Monique Ferwerda, In the advertisement and during the viewing it was suggested that the garden was part of the purchase. Upon further investigation it turned out that the garden was only on loan. The real estate agent says that I should have known that. Timeline: We negotiated the price and reached an agreement with the buyer. We are getting a purchase agreement. (not yet signed) We still have some questions about it because some things are not clear (asbestos for example) Inquired with the municipality what the costs are for living in a houseboat. Then it turned out that the garden was on loan. Not in the purchase contract. asked the real estate agent if he could send me the loan agreement of the current resident. Now he says that the still unsigned purchase contract states that we still have to transfer the deposit and that the purchase is binding. In my experience, I have no agreement yet.

Lawyer

A houseboat is movable but can be registered in the ship register. so it is sometimes a cadastral object. As you put it, a legally valid purchase agreement has been created, but a tip: also look at the broker's conditions on how a legally enforceable agreement is created. With regard to houseboats and ownership on loan of land, I can call myself a specialist / expert by experience. There is a binding agreement: mutual agreement of the main services such as the matter and the price, signature is usually not required. If you have been misinformed in the information about the grounds, I may still be able to do something with it. Although the buyer is also expected to investigate, Is this a recognized houseboat broker? You do not have to mention names.

Lawyer

In principle, a houseboat, house barge etc. can be classified as movable. However, it depends on whether the houseboat is permanently connected to the shore. If this is the case, it is often seen as immovable. Perhaps something about this is stated in the purchase agreement. Whether the houseboat is movable property depends on what the parties intended, whether an agreement was reached (offer and acceptance) before signing and whether (verbal) agreements were made, etc. With regard to the agreement, you can annul it on the grounds of error if, for example, the garden is an essential characteristic for you that determines the purchase. If you would like to discuss or receive more information, please feel free to contact me directly and without obligation.