Do I have to pay back the deposit for the chalet?

Questioner

I have a chalet. I put it up for sale last year. The people who are in it now made a down payment to buy it. Their house had not yet been sold. Now, after 14 months, they suddenly no longer want to buy it. And their down payment back. They are now renting it. Is that allowed? They have a rental contract.

Lawyer

And have you included provisions in the option to purchase in the lease? After all, how much time did tenants have to proceed with the purchase? Usually, you can claim damages after default and usually a down payment or a percentage thereof is paid in lieu.

Questioner

We discussed it verbally, they made the down payment. Now it's been 14 months and they can't buy it because they can't get a mortgage. Now they suddenly want that money back. They were supposed to pay him when their house was sold. But then everything went wrong.

Lawyer

Perhaps you can work it out together. Suppose this becomes a lawsuit, then the other party may argue that you also benefited by renting the chalet to them during that period and also because the price may have increased in the market. A deposit serves as security for the purchase, but if the buyer had wanted to buy, a three-day cooling-off period would also apply plus a written purchase contract. This applies to recreational real estate that is intended to be permanently connected to the recreational location.

Questioner

The first contract states that renting is for an indefinite period. After the down payment of €20,000.00 we had drawn up a new contract. But that was not legally valid according to my lawyer. He claimed that I have to pay the money back. Can I put it up for sale now, with tenants in it? But I just don't get it. If I want to buy something and make a down payment, then it is strange that after 14 months I say that I want my money back. And that I don't want to buy anymore.

Lawyer

If you had a down payment on a car or something other than a house/chalet; then you might have a point. In this case, the law requires a written purchase contract for the validity of the will to purchase.

Lawyer

To be on the safe side, you could have me review the second contract.