No, the seller is not obliged to do that. The Supreme Court has determined that the asking price must be seen as an invitation to make an offer. Even if you offer the asking price, the seller can decide whether or not to accept your offer. A counter offer can also be made.

If you decide to buy a property without an agent, here is some information about making an offer. You make a bid in writing, preferably by email to the selling broker. It is useful to always give them a call afterwards to check whether the offer has arrived correctly. The purchase price, the desired delivery date and any conditions are stated in the offer.

An offer in writing is binding and is valid until the selling agent responds to the offer made by the potential buyer. The offer can be accepted, rejected or a counter offer could be made. Upon acceptance of the bid there is a concurrence of will.

When purchasing a property by a private person, the requirement that something be set out in writing has been applicable since September 2003. The purchase conditions must be recorded in writing in a purchase agreement no later than 7 days after agreement. As long as no purchase agreement has been signed by both parties, there is, strictly speaking, no agreement between the parties and the parties cannot force each other to comply.

In an over-stressed sellers market there are sometimes several interested people who want to buy the property. To determine who the best buyer is, the selling agent can, in consultation with the seller, decide to change the bidding procedure and start a registration procedure. Hereby all bidders have an equal chance to make the best offer. Just like all other interested parties, you can make an offer before an agreed time.

You are in negotiation as soon as the selling party makes a specific counter offer. You are not negotiating, if the selling broker indicates to discuss your bid with seller. Or that the selling party indicates that they do not want to accept the bid.

The buyer costs (k.k.) include the costs which the government links to the transfer of a home:

• transfer tax, which is currently 2% of the purchase price for a home;
• notary fees for drawing up and registering the purchase agreement, deed of delivery and possibly a mortgage deed;
• costs of registering with the Land Registry.

The above costs are for the account of the purchasing party. The brokerage fee of the selling broker is borne by the seller. The selling agent represents the interests of the seller. The broker's commission of the purchasing agent is for the account of the buyer.

As a new homeowner, you do not automatically also own the land on which your home stands. In the case of leasehold you get the right to use the land. This means that (usually) the municipality is and remains the owner of the land on which your property stands. As a leaseholder you pay a fee for the use of the land. This is called a canon. The canon can also be bought off for a longer period of time. Or even for centuries; in the case of perpetual lease. A one-off lump sum payment is then paid to the municipality. The canon is deductible in your tax return. In Amsterdam, the municipality still owns 80% of the land.

In addition, there is also private leasehold. With the knowledge that most lenders no longer provide a mortgage for such a property, we do not recommend buying properties with this type of leasehold.

NHG stands for National Mortgage Guarantee [Dutch: Nationale Hypotheek Garantie.] With this guarantee you limit the risks of your own owner-occupied home. With this guarantee you have a safety net in case your financial situation changes due to divorce, disability or death of your partner. You are of course responsible for finding solutions, but NHG thinks along with you in such situations. The maximum mortgage for the purchase of a property with NHG for 2020 is € 310.000. Ask your financial advisor for more information on this topic.

After signing the purchase agreement, only the buyer has the right to cancel the purchase within three days without giving a reason and without the buyer having to pay a fee to the seller.

The three-day cooling-off period is legally determined. This is to prevent buyers from making hasty decisions when purchasing a home. The reflection period starts after the purchase deed has been signed by both parties and after a copy of the purchase agreement has been handed over to the buyer. The seller has no reflection time. The reflection period ends on the third day at midnight.

In the past people often spoke of a provisional purchase agreement. But know that there is nothing provisional when it comes to a purchase agreement. The purchase agreement is binding. The buyer does have three days to change his mind.

In Amsterdam it has been agreed that the purchase agreement will be drawn up by a notary according to the model of the Royal Notarial Professional Organization, Ring Amsterdam. The buyer may appoint a notary within the Amsterdam region or within a radius of 5 kilometers of the property offered for sale. The notary choice is made by the buyer, this must be known within 3 working days. The purchase agreement must be signed by both parties within a week.

Outside of Amsterdam, so also in Muiden, Muiderberg and Weesp, the purchase agreement is usually drawn up by the selling agent. The purchase agreement is signed by both parties, the buyer and the seller, at the office of the selling agent. The mortgage deed and deed of delivery are signed after inspection at the notary. Here too, the purchasing party has the choice of notary.