Assistance with legal questions about selling a houseboat

Questioner

I hired a real estate agent to sell a houseboat. During the week following the placement of the advertisements, six viewers came by. On Friday afternoon, the agent suggested asking the purchasing agent who had last come to view the houseboat for 15,000 above the asking price. This would be a fantastic deal and I agreed. That evening, the agent let me know that the offer had been accepted. During the weekend three viewers came by, the last of whom (at the request of the agent) I had previously guided around myself. He was surprised that he had not been able to make an offer and spontaneously offered me 10,000 euros more. Assuming that I could withdraw my offer from Friday because nothing had been signed yet, I accepted this offer and a preliminary purchase contract was drawn up, printed out and signed via the Rocketlawyer website. On Monday (today) I was informed by my realtor that the verbal agreement from last Friday was legally valid and that I had now sold my ark twice. Is this correct and can I no longer get out of it? I would like to point out that the preliminary purchase contract of Rocketlawyer is intended for residential homes and contains things that do not (or cannot) apply to houseboats. For example, the purchase object is described as 'the ownership of the plot of land with house and other appurtenances', hereinafter referred to as 'immovable property'. While the land is not owned and there is no cadastral designation stated (although the residential address is). Furthermore, only the shed on the quay is immovable. Can both buyers stand their ground and will I have to pay one of them compensation for breach of contract? If so, how high can that compensation be? The preliminary purchase agreement states 10% purchase price, in the verbal contract nothing was discussed or recorded. In that case only demonstrably incurred costs, such as the hired purchasing agent? Finally, you can question the broker. On Monday, the first viewer who had been there for a long time also reported, 'stunned' by the fact that he (via his purchasing broker) had not been able to bid. He was prepared to go further than that 10,000 euros extra. I have the feeling that my broker, with his proposal on Friday, did not act optimally in my interest based on his professional experience and did not do what I hired him to do. What next?

Lawyer

I think that the sales contract (provisionally) also mentions article 2 of book 7, which gives the buyer (and seller) a three-day cooling-off period to cancel the purchase after the contract has been signed. The seller also has that right, but to a lesser extent. Although the aforementioned article is mandatory for the purchase of houses, the parties can also express their choice for the mandatory system. If that has happened in this case, it must be investigated whether you, the seller, have sufficient reasons to cancel the purchase within the cooling-off period (and before).

Questioner

The contract only gives this right to the buyer, but can I as a seller also rely on it? I do not see any references to that article 2 book 7 and no choice has been made for the mandatory system (model purchase contract that Rocketlawyer offers on its website). Moreover, it concerns a houseboat, movable property, for which (with the broker) no written purchase agreement appears to be necessary at all. According to that broker, telephone agreement with a proposal is already binding. Does that right of termination also apply there? To be on the safe side, I have already formally terminated the written contract (verbally and by email), so that the term does not expire.

Lawyer

Modified answer. In principle, the requirement of writing applies to both parties (if consumer). The seller of a house can withdraw after a verbal agreement without being forced to cooperate within three days (weekends not included). The buyer has that right three days after the recording. However, the problem here is that the regime is mandatory for the situation that a house is sold, and therefore not intended for the sale of movable property such as houseboats. In your case, your sales agent has opted for the mandatory regime of a preliminary purchase contract, it must be investigated whether buyers were aware of this before they made you the verbal offer. And that they should therefore have known about the requirement of writing. As long as this has not been established, the first buyer can indeed demand delivery or compensation. If this has been established, you (like the non-cooperating seller of a house) are liable for compensation.