When Is a House Really Sold in the Netherlands?

1. The written form requirement

If a private person buys a house, Dutch law says the agreement must be in writing. And that doesn’t mean WhatsApp or email. It must be a signed purchase contract. A spoken or emailed “deal” doesn’t count. This rule is called the written form requirement (“schriftelijkheidsvereiste”).

2. The buyer is protected

A private buyer is not bound by a verbal agreement. The sale is only valid after signing the contract. So even if your offer is accepted by the real estate agent — you’re not legally stuck yet.

3. Selling to a company? That’s different

If the buyer is a company, the written form requirement does not apply. A verbal agreement can be binding, even for a private seller. Be careful!
Example: You list your house on a Dutch platform like Funda. A company like Piet’s Investments BV makes an offer, and you say “yes.” At that moment, you’re legally bound, even if nothing is signed yet.
This often goes wrong when small real estate investors go door to door making offers. If you say yes to them — you can’t back out!

4. Selling by a company? Be aware

If a company is selling to a private buyer, then the written form rule does apply. The buyer is only bound after signing. But the seller (the company) might already be bound by a verbal agreement.5. Exception: when the buyer refuses to sign
If a private buyer delays or refuses to put the verbal agreement into a signed contract within a reasonable time, a professional seller might be allowed to cancel the deal.
(Look up this legal reference online: ECLI:NL:GHARN:2012:BZ6245).