Is a verbal agreement regarding the purchase of an (empty) building plot with residential zoning binding?

Questioner

We have a verbal agreement regarding the purchase of a still empty building plot with residential destination. The selling party does not want to sign the purchase contract already signed by us because of a higher bid. The verbal agreement can be proven by the e-mail exchange about this between the buying and selling brokers. Is our verbal agreement binding?

Lawyer

Thank you for your question. According to the text of the law, article 7:2 BW (writing requirement) does not apply to the purchase of a plot of building land on which a house will be built. If and to the extent that you have reached verbal agreement on all essentials of the purchase (object, price and delivery), a purchase has been concluded and the seller must cooperate in signing the purchase agreement and delivering the plot.