Buying a house in Amsterdam: special sales contract

If you buy a house or apartment in Amsterdam, the purchase contract is not made by the real estate agent, but by the notary. The notary does not use the model NVM purchase agreement, but uses a model specially created by and for the Amsterdam circle of notaries. In terms of content, there are quite a few differences between the two models. Lexys Advocaten's real estate lawyer discusses the most important ones.

Signing purchase agreement at the notary

The idea is that parties are better protected if they sign not only the deed of delivery, but also the contract of sale of the house already at the notary. The model used by the Amsterdam notaries differ from the NVM purchase deed in both structure and content. Although both models regulate the same topics, they can work out completely differently. For example, in both purchase agreements there is a provision about the formal notice, 8-day period and the fine which is then forfeited, but that works out a lot more adversely for the party who is negligent under the Amsterdam purchase agreement.

Note: fine not capped at 10%

Because if the 8-day period after the formal notice expired, the other party has the option of either dissolve purchase agreement and claim the penalty of 10% of the purchase price. The alternative is to demand fulfillment from the other party, demanding a daily penalty of 0.3% (three per mille) of the purchase price. Under the NVM purchase agreement, that day penalty is capped at 10% of the purchase price. With the Amsterdam purchase deed, however, there is no maximum. So in theory, the penalty can continue indefinitely.

Warranty for normal use otherwise stated

In addition, the guarantees are worded differently in the two models. In the NVM purchase agreement, the seller guarantees that the home will be “suitable for normal use as (...)” (usually) home. In the Amsterdam Circuit Court's model sales contract, the seller merely explains how he used the home. In both cases, however, if the home is later hidden defects appears to have and is not suitable for normal use as a residence, that this non-conformity will yield.

Real estate lawyer Amsterdam

If you have bought or sold a house or apartment in Amsterdam and problems arise, consult the real estate lawyer at Lexys Attorneys at Law. The lawyers at Lexys have years of experience advising and litigating on housing disputes in Amsterdam. Moreover, the founder of Lexys has worked in Amsterdam real estate law for over 8 years. Contact us to see what we can do for you.