Answer to frequently asked questions
Purchase
The answer is no. The highest court, the Supreme Court, has ruled in a judgment that the asking price of a home is an invitation to make an offer. If you offer the asking price from an advertisement or housing guide, you make an offer. The seller can then decide whether or not to accept your offer or to have his broker make a counter offer. He may even decide to raise the asking price during the negotiations.
This will not happen often in practice, but it is possible. In addition, there is a written requirement, whereby the purchase is only concluded after both parties have signed the purchase contract.
Banks apply strict rules for the provision of new mortgages. These are included in the Mortgage Financing Code of Conduct (GHF) in combination with ministerial regulations. What rules are those and what can you borrow?
In addition to the income requirement, the 'market value' of the home also counts for lenders. The lender determines the exact market value. That can be:
- The purchase price of the house
- The purchase/contracting price, possibly increased by the land price, construction costs, additional work, construction interest and connecting utilities
- The appraised value, possibly after renovation
In 2016, you may borrow a maximum of 102% of the market value for an existing home (possibly after renovation).
In 2018, the maximum mortgage may no longer exceed the market value of the home (100%). That is why from 2013 the maximum mortgage will be reduced from 1% in six equal steps. You will therefore increasingly have to pay the additional costs yourself in the future.
If the broker indicates that he is 'under offer', it means that he has a serious candidate, which he has agreed not to promote transactions with others. However, this does not mean that viewings can no longer take place, unless the broker decides otherwise or agrees with his client. The broker must clearly indicate that he is 'under offer' or is in talks with another candidate.
Buyer's costs (kk) means that the buyer bears all costs associated with the transfer of the purchased home. The buyer's costs are approximately 6 % of the purchase price of the purchased home. The buyer's costs include the following costs:
- 2% Transfer Tax;
- Notary fees for drawing up the deed of transfer;
- Land registry costs for registration deed of delivery.
In addition to these costs, the buyer must also take into account:
- Notary fees for drawing up the mortgage deed;
- Land registry costs for registration of mortgage deed.
The costs of the buyer never include the brokerage costs. If a seller engages a broker for the sale of his/her home, the seller will have to pay the costs of this broker. If the buyer engages a broker for the purchase of a home, the buyer will have to pay the costs of this broker. So keep this in mind when you buy a home.
In 2016, you can also borrow a maximum of 102% of the home value, so keep this in mind when you buy a home!
For questions you can of course contact our office!
During the reflection period, the buyer can still cancel the agreement. This provides the opportunity, for example, to consult experts.
The reflection period lasts (at least) three days and starts on the day following the day on which the buyer receives the deed signed (by both parties) or a copy thereof. The reflection period ends at midnight on the last day of the reflection period. It is therefore not important what time the buyer received the copy of the deed.
If you want to make use of the statutory cooling-off period, it may be wise to do so in writing, since the burden of proof is difficult if you do this verbally.
Selling a house
An option in a legal sense gives a party the choice to conclude a purchase agreement with another party by means of a unilateral declaration. The parties sometimes agree on the condition of the purchase, but the buyer, for example, is given another week to think about it.
Such an option is still common when purchasing a new-build home. When buying an existing home, the term 'option' is often incorrectly used. Then it has the meaning of certain commitments that a selling broker can make to an interested buyer during the negotiation process. Such a commitment could, for example, mean that an interested buyer is given a few days to think about an offer. The broker will try not to negotiate with another party in the meantime. The interested buyer can use this time to gain a better insight into his financing or the possibilities for use of the home.
You cannot demand an option; the seller and selling broker decide for themselves whether certain commitments are made in a negotiation process.
No. The costs of the buyer never include the brokerage costs. If you engage us for the sale of your home, you will have to pay the costs of our services. If you engage us as a buyer for the purchase of a home, you will have to pay the costs of our services.
Negotiations
The seller determines an asking price in consultation with his broker. The buyer can negotiate the price, but the seller ultimately decides whether he wishes to sell. This applies to all matters that the seller considers important when deciding whether to sell his home to this buyer. If the seller and buyer agree on all matters, a purchase will only be concluded (after written recording).
The broker can negotiate with several candidates at the same time. However, he must make this known to those involved.
In practice, if there are more candidates for one house, the broker will give all candidates the opportunity to make a one-off proposal. This proposal must meet a number of conditions. Not only the price is important. The preconditions, such as the delivery date, agreements regarding movable property, etc.
We recommend that you use your own real estate agent when buying a home.
You can't force yourself to negotiate. You are only in negotiations if the seller responds positively to your offer. So: if the seller makes a counter offer. The selling broker can also expressly indicate that he is in negotiations with you. You are not yet in negotiations if the selling broker indicates that he will discuss your offer with the seller.
Rental house
No, this can differ per home. For example, it may be that a certain target group has priority in the allocation. For example, candidates with a certain income or above a certain age.
Yes, in general a certain % of your (demonstrable) assets can be counted as income.
No, this is not possible, there may be a maximum of 2 names on the rental contract.
No, this is not possible.
No, this is not possible.
No, the main tenant must register at the relevant address with the municipality.
No, it is only possible to rent with sufficient income in accordance with the income standard, whereby a maximum of 2 incomes can be counted as part of the common income.
This can happen if a tenant is already known but the lease has not yet been signed. In that case, we cannot consider the house as definitively rented out.
The registration form of the home to which you are responding states which documents are required to be eligible for the home.
You rent the house for at least 1 year. Subsequently, the lease continues for an indefinite period of time.
The minimum notice period is 1 month.
No, the houses are not upholstered or furnished, unless this is specifically stated with the relevant house.
Yes, we use various criteria to assess financial feasibility.
As a rule of thumb, we use an income requirement that corresponds to a gross annual income of 45 x the monthly rent of the house.
Example: The rental price of the house is € 950 per month. Then the required joint gross annual income is € 42,750.
