Question 1

What is the cooling-off period?

Accepted Answer

Even after signing the purchase agreement, the consumer-buyer may cancel the purchase without giving a reason. The buyer may do so within the cooling-off period specified in the purchase agreement. By law, this cooling-off period must be at least three days; it begins on the day after the purchase agreement is signed by both parties and ends at midnight on the day the agreed-upon period expires.

Question 2

How does the sale take place?

Accepted Answer

Have you had serious prospective buyers for your home in Amsterdam, and do you seem to agree on the price and terms? If so, the notary, under the supervision of the real estate agent, will draw up a purchase contract that both parties must sign. Only once this contract has been signed by both parties is the sale official and legally binding under the Real Estate Purchase Act. The purchase contract may include penalty clauses that take effect if one of the parties fails to fulfill their obligations.

Question 3

What does “costs payable by the buyer” (k.k.) mean?

Accepted Answer

When selling a home, in addition to the cost of the home itself, there are also costs for the notary, transfer tax, and land registry fees. When you sell your home in Amsterdam, these costs are typically borne by the buyer. Your MVA real estate agent will ensure that “(k.k.)” is added after the asking price of your home when it is listed on websites. Your buyer should expect “buyer’s costs” of approximately 5% of the purchase price.

Question 4

Is the real estate agent's commission included in the “buyer's costs”?

Accepted Answer

“Buyer’s costs” never include real estate agent fees. If you, as the seller, hire a real estate agent to sell your home in Amsterdam, you will have to pay these fees yourself. The same applies to the buyer; if he or she has hired a buyer’s agent, he or she must also pay those fees.

Question 5

What does “free of encumbrances” (v.o.n.) mean?

Accepted Answer

Het komt soms voor dat de kosten voor de notaris, overdrachtsbelasting en kadasterkosten niet door de koper beSometimes, the notary fees, transfer tax, and land registry fees are not paid by the buyer—as is the case with “buyer’s costs”—but by you, the seller. This is referred to as “free of title.” This mainly applies to new-construction homes. The asking price you quote in this case includes the notary fees, transfer tax, and land registry fees. With new construction, VAT is often applicable. You will therefore have to pay these costs yourself after the official sale. Just as with “buyer’s costs,” your real estate agent’s commission is never included in the “free of title” price. You will therefore still have to pay these costs yourself.taald worden zoals bij ‘kosten koper’, maar door jou als verkopende partij. Dan wordt het ‘vrij op naam’ genoemd. Dit komt voornamelijk voor bij nieuwbouwhuizen. De vraagprijs die je dan noemt, is inclusief de kosten voor de notaris, overdrachtsbelasting en kadasterkosten. Bij nieuwbouw is er veelal sprake van btw. Deze kosten zal je na de officiële verkoop dus zelf moeten afdragen.Net als bij ‘kosten koper’, valt de courtage voor je makelaar nooit binnen de ‘vrij op naam’. Deze kosten zal je dus zelf nog moeten afdragen.

Question 6

What is the written requirement?

Accepted Answer

The sale of a home (by a consumer) is not finalized until the written purchase agreement has been signed by both the buyer and the seller. Several courts of appeal have confirmed that, until that time, no legally valid sale has taken place. If a purchase agreement for a home is not set forth in writing in accordance with Article 7:2 of the Dutch Civil Code, the transaction is void.

Question 7

What does the Real Estate Purchase Act entail?

Accepted Answer

The Real Property Purchase Act took effect on September 1, 2003. Among other things, the Act governs the cooling-off period and the requirement for written documentation.

Question 8

Can my MVA broker negotiate with multiple potential buyers at the same time?

Accepted Answer

Your MVA broker is certainly allowed to negotiate with multiple people at the same time. However, your MVA broker must inform everyone of this to keep the process as transparent as possible.

Question 9

What does it mean to be “underbid”?

Accepted Answer

If the real estate agent indicates that the property is “under offer,” this means they have a serious buyer for the house. Viewings can still be scheduled, but the agent must clearly state that the property is “under offer.”

Question 10

When am I in negotiations?

Accepted Answer

When you’ve listed your home for sale and a prospective buyer makes an offer on it, you’re not yet in negotiations. Only after you, as the seller, have responded to the offer can you say that negotiations have begun. This means the buyer cannot force you to enter into negotiations.

Question 11

What is an option?

Accepted Answer

In a legal sense, an option gives a party the right to enter into a purchase agreement with another party by means of a unilateral declaration. The parties have already agreed on the terms of the sale, but the buyer is given, for example, another week to reconsider. Such an option is still common when selling a newly constructed home. When selling an existing home, the term “option” is often used incorrectly. In that context, it refers to certain commitments that your real estate agent may make to a prospective buyer during the negotiation process. Such a commitment might, for example, mean that a prospective buyer

Question 12

Can my real estate agent change the sales process during negotiations?

Accepted Answer

You may always change the sales process, and either party may also terminate the negotiations. Especially in Amsterdam, there may be so many interested buyers for your home that they approach, match, or exceed the asking price. In that case, it can be difficult to determine who the best buyer is and under what terms. In that case, you and your MVA real estate agent can decide to implement a different bidding process. A change to the sales process can only be made after all commitments made have been fulfilled. An example of a different sales process is a registration procedure.

Question 13

Can I raise the asking price of a home during negotiations?

Accepted Answer

The answer is yes. The asking price is merely an invitation to make an offer. That’s why you can decide to lower or raise the asking price during the process. During negotiations, the potential buyer will often make multiple offers, to which you can then respond. The most recent offers in this process are valid, so you may raise your counteroffer again, and the buyer may always lower their offer.

Question 14

If a buyer offers the asking price, am I required to accept that offer?

Accepted Answer

No. The Supreme Court, the highest court in the land, has ruled that the asking price of a home constitutes an invitation to a buyer to make an offer.

Question 15

Do you have a general question that isn't listed here?

Accepted Answer

You may still have a general question about the process of selling your home in Amsterdam or about certain industry terminology. You can ask us this question via the contact form. We’ll then make sure your question and answer are added to this list so that others can benefit from this information as well. If you have a specific question about selling your home in Amsterdam, we recommend finding a real estate agent and asking him or her directly.

Question 16

The real estate agent is asking an extremely high price for a home. Is that allowed?

Accepted Answer

It’s not the real estate agent who sets the price of a house in Amsterdam, but the seller in consultation with the agent. You may feel that the price is much too high, in which case you can negotiate it.

Question 17

What is the cooling-off period?

Accepted Answer

The purchase agreement specifies a cooling-off period. By law, this cooling-off period must be at least three days and is intended to give the consumer/buyer the opportunity to cancel the purchase without giving a reason, even after signing the purchase agreement. This cooling-off period begins on the day after the purchase agreement is signed by both parties and ends at midnight at the end of the agreed-upon period. So, if the purchase agreement is signed on Monday and the cooling-off period is three days, it will begin on Tuesday and end on Thursday at 11:59 p.m.

Question 18

What does “costs payable by the buyer” (k.k.) mean?

Accepted Answer

You’ve probably noticed that the term “k.k.” appears in the listings for almost all homes (except new construction). This abbreviation stands for “kosten koper” (buyer’s costs). This means that the additional costs associated with the transfer of ownership must be paid by the buyer. On average, “buyer’s costs” amount to about 5% of the purchase price, so be sure to factor that in when searching for a home in Amsterdam!

Question 19

“Buyer's costs” include the following expenses:

Accepted Answer

Transfer tax: 2% of the home’s purchase price; notary fees for the deed of conveyance; land registry fees for registering the deed of conveyance. “Buyer’s costs” never include real estate agent fees. If a seller hires a real estate agent to sell his or her home, the seller will bear these costs himself or herself. The same applies if you hire a buyer’s agent; these costs are your responsibility.

Question 20

What does “free of encumbrances” (v.o.n.) mean?

Accepted Answer

Sometimes the seller of the home covers the costs associated with the transfer of ownership, usually in the case of new-construction homes. The home is then offered “free of title.” However, with a “free of title” listing, the buyer is still responsible for paying the land registry fees for registering the mortgage deed and the notary fees for drafting the mortgage deed. Real estate agent fees are never included in a “free of title” listing. If you’ve hired a buyer’s agent, you must pay that agent’s fees yourself.

Question 21

What is the written requirement?

Accepted Answer

The written agreement requirement for a consumer sale means that the sale of your home is not officially finalized until both parties have signed the purchase contract. Verbal agreements are therefore not legally binding when selling a home.

Question 22

What does the Real Estate Purchase Act entail?

Accepted Answer

The Real Property Purchase Act took effect on September 1, 2003. Among other things, this law governs the cooling-off period and the requirement for written documentation.

Question 23

Can my MVA broker negotiate with multiple potential buyers at the same time?

Accepted Answer

If there are multiple people interested in the same house, the real estate agent is always permitted to negotiate with all parties. However, he must be transparent about this and make it known to everyone involved.

Question 24

What does it mean to be “underbid”?

Accepted Answer

If the real estate agent indicates that the property is “under offer,” this means they have a serious buyer for the house. Viewings can still be scheduled, but the agent must clearly state that the property is “under offer.”

Question 25

When am I in negotiations?

Accepted Answer

When you’ve listed your home for sale and a prospective buyer makes an offer on it, you’re not yet in negotiations. Only after you, as the seller, have responded to the offer can you say that negotiations have begun. This means the buyer cannot force you to enter into negotiations.

Question 26

What is an option?

Accepted Answer

In a legal sense, an option gives a party the ability to enter into a purchase agreement with another party by means of a unilateral declaration. The parties have already agreed on the terms of the sale, but the buyer is given, for example, another week to reconsider. Such an option is still common when selling a newly constructed home. When selling an existing home, the term “option” is often used incorrectly. In that context, it refers to certain commitments your real estate agent may make to a prospective buyer during the negotiation process.

Question 27

Can my real estate agent change the sales process during negotiations?

Accepted Answer

A selling agent may change the procedure. Sometimes there are so many interested parties who come close to the asking price, make an offer, or outbid others that it is difficult to determine who the best buyer is. In that case, the selling agent—in consultation with the seller, of course—may decide to terminate the ongoing negotiations and change the bidding procedure. If commitments have already been made in this situation, they must be honored. Once these have been honored, a bidding process can be initiated, for example, in which all bidders have an equal opportunity to submit the highest bid.

Question 28

What are the fees charged by an MVA real estate agent?

Accepted Answer

The MVA does not have any (recommended) rates or guidelines for calculating a real estate agent’s commission, appraisal fees, management fees, etc. Each real estate agent sets his or her own rates, which can therefore vary from one agency to another. This means you need to thoroughly understand what you expect from a real estate agent and the costs associated with the services he or she offers. This will help you avoid disappointment or unexpected costs later on.

Question 29

What are the housing market trends in my region?

Accepted Answer

The Amsterdam Real Estate Agents Association (MVA) publishes quarterly figures on the housing market in the Amsterdam region, which also includes Waterland and the Zaanstreek. In addition, you can contact any MVA real estate agent for information about the most recent market developments in the specific region where he or she operates. They, of course, know the local market best.

Question 30

Do you have a general question that isn't listed here?

Accepted Answer

This list of frequently asked questions about buying a home in Amsterdam is constantly evolving. Do you have a question you’d like answered—one that could also benefit others? Please contact us to get an answer and help expand this list. If you have a question about your specific situation, we recommend that you contact one of the real estate agents in Amsterdam affiliated with the MVA.

Question 31

How do I know if my home is in the private sector?

Accepted Answer

The number of rental points determines whether a home falls under the private rental sector. The points system, also known as the housing valuation system, assigns points to reflect the quality of a rental home. Each aspect of the property—such as its square footage, assessed value, and energy efficiency rating—is assigned points. You may be able to make some smart adjustments to your property to qualify for the private rental market. Also check whether your property has historic preservation status. For private-sector properties, you and your tenant set the rent yourselves. In this case, there is no maximum rent.

Question 32

Do I need to ask the Homeowners' Association for permission if I want to rent out my apartment?

Accepted Answer

In addition to the public law regulations of the municipality or the national government, the provisions of the deed of division are important. This is because the deed of division may restrict the ability to rent out the property. Many deeds of division stipulate that renting out the property is permitted only with the consent of the board of the Homeowners’ Association or the general meeting. Furthermore, the apartment may not be used in a manner that conflicts with the designated use specified in the deed of division.

Question 33

Can I rent out my home if there is still a mortgage on it?

Accepted Answer

To rent out your home, you need permission from your lender. You can’t just rent out your home if you have a mortgage. You can rent out your entire home or part of it while you’re still living there. In either case, you must ask for permission. And there’s a good chance you won’t get it. Renting out your home while it’s under mortgage means a tenant will be moving in. Tenants in the Netherlands are well protected and cannot be evicted without good cause. This is one reason why the lender might refuse to grant permission. Consult your mortgage advisor if you’re considering renting out your home.

Question 34

Is it appropriate to use a standard internet lease agreement?

Accepted Answer

A standard online lease agreement is not sufficient. It must be tailored to each space, each tenant, and each lease term. Furthermore, laws, regulations, and the rental point system are constantly changing. Therefore, always have a contract drawn up by an expert MVA real estate agent.

Question 35

What types of lease agreements are there?

Accepted Answer

Laws and regulations regarding lease agreements change regularly. Currently, open-ended leases and fixed-term leases with a renewal clause are common. Contact an MVA real estate agent to discuss the current situation.

Question 36

What is the difference between a public housing unit and a private-sector rental unit?

Accepted Answer

Social housing is subject to maximum rent amounts and a maximum rent increase. As a tenant of social housing, you may also be eligible for rent assistance. These rules do not apply in the private sector.

Question 37

What is a point system?

Accepted Answer

The points system (Housing Valuation System, WWS) determines the maximum rent for a dwelling based on points assigned for factors such as floor area, amenities, and energy efficiency rating. Since the Affordable Rent Act (July 2024) took effect, this system applies not only to public housing but also to mid-range rental housing. Only for properties with 187 points or more (private sector) is there no maximum rent, and the landlord and tenant determine the price themselves.

Question 38

What does “key money” mean?

Accepted Answer

A key fee is money that the landlord demands from the new tenant before allowing them to move into the property. Outgoing tenants sometimes also ask for money in exchange for the keys to the house. Charging a key fee is not permitted by law. Requiring a key fee constitutes an unreasonable clause in the lease agreement. It gives one of the parties (in this case, the landlord) or a third party (in this case, the departing tenant) an unreasonable advantage. If you have paid a key fee anyway, you can seek a refund through the courts. You must, however, prove that it was paid, for example, with a receipt or through witnesses (who are not family members).

Question 39

How can I make sure the landlord addresses overdue maintenance?

Accepted Answer

If you have problems with maintenance or defects in your rental home, contact your landlord first. If you can’t resolve the issue together, there are several options available to you. For example, you can apply to the Rent Commission for a rent reduction. Do you rent a home in the private sector? In most cases, you’ll have to take the matter to court.

Question 40

What are service charges and utility costs?

Accepted Answer

Service charges are costs that are added to the base rent of a residence. Examples include costs for cleaning, yard maintenance, furnishings and furniture, and the building superintendent. Utility costs are the costs for gas, water, and electricity for which the tenant has their own meter.

Question 41

How do I know if a property actually exists?

Accepted Answer

Only certified real estate agents are members of the MVA, and all of our listings are genuine. If you don’t receive a response, it may be because we’ve already received enough inquiries. The market is currently very tight, and we’re getting a lot of inquiries for each property. Responding quickly helps, but it’s no guarantee. We hope you’ll find a home soon through one of our real estate agents—that’s a more reliable route than searching on social media.

Question 42

What does a valuation assignment entail?

Accepted Answer

If you want to have a home in Amsterdam appraised and you’ve found an MVA/NVM appraiser who can do this for you, you’ll need to give that appraiser an appraisal assignment. The appraiser will then conduct research and issue a report on the property. When you give an appraisal assignment, a structural inspection is not included. If you’d like to have one performed as well, ask your MVA/NVM appraiser what your options are.

Question 43

Is the appraisal report accepted by all lenders?

Accepted Answer

All MVA/NVM appraisers are members of the NVM trade association and are certified by the NRVT. MVA/NVM appraisers are also members of the NWWI validation institute. The NRVT and the NWWI impose strict admission requirements on appraisers. An appraisal performed by an MVA/NVM appraiser will therefore be accepted by any lender.

Question 44

Is the appraisal report also accepted by the National Mortgage Guarantee (NHG)?

Accepted Answer

Absolutely! A validated appraisal report prepared by an MVA/NVM appraiser meets all the requirements set by the National Mortgage Guarantee for purchases or (re)financing.

Question 45

Is the MVA/NVM appraiser familiar with the local market?

Accepted Answer

To arrive at an accurate appraisal of a home, it is important for an appraiser to be familiar with the local housing market and conditions. The NRVT’s Scope of Practice Regulations set forth guidelines that appraisers must follow to ensure their local expertise. For example, a property in Amsterdam may only be appraised by appraisers whose offices are located within a 10-kilometer radius of the property being appraised. If the property is located outside Amsterdam or on the Wadden Islands, the maximum distances are 20 or 30 kilometers.

Question 46

The lender wants to know the value before and after the renovation. Can this be included in the same appraisal report?

Accepted Answer

This can certainly be included in the same report, but you’ll need to specify this when placing the appraisal order with your MVA/NVM appraiser and provide the appraiser with a written renovation specification. While it’s not required, it’s helpful to include architectural drawings with this specification.

Question 47

Where can I find an MVA/NVM appraiser?

Accepted Answer

To find an MVA/NVM appraiser, check our list of expert appraisers and contact the appraiser of your choice directly.

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