FAQ
Negotiations
Yes, the broker can negotiate with multiple candidates simultaneously. However, it’s important for the broker to inform all involved parties about this.
Yes, the seller sets the selling price in consultation with their Realtor. The buyer can negotiate the price, but the final decision rests with the seller. This decision may include other factors deemed important by the seller. An agreement is reached only when both the seller and buyer concur on these terms.
You are in negotiation when the seller responds to your bid, typically with a counter-offer. Also, the selling broker must explicitly state that negotiations with you are underway. You are not in negotiation if the broker is simply discussing your offer with the seller.
Purchase
Banks adhere to strict rules for issuing new mortgages. These are outlined in the Code of Conduct for Mortgage Loans (Gedragscode Hypothecaire Financieringen – GHF) in combination with ministerial regulations. What are these rules, and how much can you borrow?
In addition to the income requirement, lenders also consider the ‘market value’ of the property. The lender determines what this market value is. It could be:
- The purchase price of the property
- The purchase/construction sum, possibly increased by the price of land, construction costs, additional work, construction interest, and connection of utilities
- The appraised value, possibly post-renovation
For an existing property, in 2014, you could borrow up to 104% of the market value (possibly after renovation).
By 2018, the maximum mortgage cannot exceed the market value of the property (100%). Therefore, from 2013, the maximum mortgage amount is being reduced in six equal steps of 1% each year. This means that in the future, you will increasingly have to pay the additional costs yourself.
No, the asking price is essentially an invitation to make an offer. Even if you meet the asking price, the seller still has the right to accept or reject your offer, or propose a counter-offer. The seller may even choose to increase the asking price during negotiations.
“Buyer’s costs” refer to the expenses a buyer incurs during the property transfer, typically about 10% of the purchase price. These costs include transfer tax, notary fees for the deed of transfer, and land registry fees for deed registration. Additional costs may include notary fees for mortgage drafting and registry fees for mortgage registration. These do not include brokerage fees; those are paid by the seller or buyer to their respective real estate agents.
When a broker says a property is ‘under offer’, it means they have a serious candidate and are not actively promoting the property to others. However, this does not preclude further viewings. The broker should clearly indicate when a property is under offer.
The cooling-off period, during which the buyer can withdraw from the agreement, lasts at least three days. It starts the day after the buyer receives a signed contract or a copy of it. The period ends at midnight on the last day, regardless of the time the buyer received the document.
Sale
No, the purchase costs do not include agency fees. If you hire us for selling or buying a property, you will need to pay for our services separately.
An option legally allows one party to unilaterally declare to enter into a purchase agreement with another party. The parties agree on the sale terms, but the buyer gets a period (like a week) for consideration. This is common in new home purchases. In existing home sales, the term ‘option’ often refers to certain assurances the selling broker gives to an interested buyer during negotiations, like a few days to consider a bid. The broker agrees not to negotiate with others during this time, allowing the buyer to better understand their financing or the property’s use. An option cannot be demanded; it’s at the discretion of the seller and selling broker.
