Verbal Agreement House Sale
”An oral contract is not worth the paper on which it is written” (Samuel Goldwyn) Once the agreement is concluded, the seller creates a coopakte (deed of purchase) and invites you to sign the deed of sale. Make sure you have carefully read the sales contract. Make sure all agreements are mentioned in the purchase agreement before signing. Only in Amsterdam is the notary involved in this part of the process and can help you with legal advice on legal matters and conditions of sale, etc. In the rest of the Netherlands, the sales and purchasing agent will carry out this part with his customers. Once all the parties involved have signed the contract, the notary arranges the transfer. He draws up the Van Levering file (delivery conditions) for the delivery. He or she will also help with the mortgage file. The buyer is free to choose his own notary. The deed of sale includes a penalty clause in the event that one of the parties does not comply with its conditions. Note that the deposit on the land is 10% of the purchase price paid six weeks after the signing of the sales contract. This may be replaced by a bank guarantee issued by a Dutch bank.
If two or more parties reach an agreement without written documentation, they draw up an oral agreement (formally called an oral contract). However, the authority of these oral agreements may constitute a certain grey area for those who are not familiar with contract law. New houses are usually sold as ”vrij op naam (V.O.N.)”. This means that the purchase price includes BTW (VAT), property transfer tax and notary fees. If the written offer does not follow the oral offer, the seller may begin to doubt the legality of the offer. If the seller has doubts about your efforts to sell his property, this will consolidate. And if the offer arrives soon, you may think it`s a trick for you to keep the offer. Even if a salesperson is uncomfortable with you in some way, they can get you fired. Without a witness to the deal, the aunt could be out of $200 and an honest relationship with her nephew. A written sales contract must be signed and accepted by all parties for a sale to be valid.
While it is in principle normal to make an oral offer, it is a safer bet to write it. The listing agent`s response was always the same: ”I do not accept any oral offer. If your client is interested, please submit a written offer. Parties who are both in good health should freely accept the terms of the agreement, i.e. without any undue influence, coercion, coercion or misrepresentation of the facts. Both the nephew and aunt agree with the terms of the contract, without putting pressure on each other and with the intention of fulfilling their obligations. The Makelaar can help you from the beginning to the end of the home hunting process, including technical inspection, negotiations, understanding the tendering system, and the administrative work that comes with buying a home. Be sure to check your state`s laws or fraud law if you`re not sure whether or not you need a written agreement..