As a buyer, you have three days to change your mind after signing the purchase agreement. During this period, you may cancel the purchase without giving a reason. This right is enshrined in law under Article 7:2 of the Dutch Civil Code and always applies when a private individual purchases an existing home. In this article, we answer the most frequently asked questions about how the cooling-off period works in practice.
How long is the cooling-off period when buying a house?
The cooling-off period when buying a house lasts three days. This period begins as soon as you have received a copy of the signed purchase agreement. Within those three days, you may cancel the purchase without having to give a reason, and the seller cannot hold you liable for any costs.
Important to know: weekends and public holidays count toward the period, but the cooling-off period may never end on a Saturday, Sunday, or official public holiday. If the last day falls on such a day, the deadline automatically shifts to the next working day. For example, if you receive a signed copy on a Thursday, the cooling-off period runs through Sunday. Because Sunday is not a working day, the deadline then falls on Monday.
These three days represent a minimum period. The parties may agree to a longer cooling-off period in the purchase agreement, but the statutory three days can never be reduced.
When exactly does the cooling-off period begin?
The cooling-off period begins on the day after you receive a copy of the purchase agreement signed by both parties. It is therefore not the moment of verbal agreement or the signing itself that matters, but the moment when you, as the buyer, have a fully signed copy in your possession.
In practice, this means the real estate agent or notary must send the agreement to you, either by post or digitally. If you receive the document by email, the day of receipt serves as the starting point. If you receive it by post, the day of delivery applies. Always make sure you can demonstrate exactly when you received the document, so there is no ambiguity about when the deadline expires.
Can the cooling-off period be extended or shortened?
The cooling-off period may be extended, but never shortened. The statutory minimum of three days is mandatory law: even if buyer and seller jointly agree to shorten the cooling-off period, that agreement has no legal force. The buyer always retains their three days.
A longer cooling-off period is possible and must be explicitly recorded in the purchase agreement. This can be useful if, for example, you are still waiting for a structural survey or financial advice. Bear in mind, however, that a longer cooling-off period creates more uncertainty for the seller, which may play a role in negotiations.
As a buyer, you may also choose to waive your cooling-off period in writing once the period has already begun. This is permitted, but only do so if you are completely certain about the purchase.
What happens if you use the cooling-off period to back out of the purchase?
If you cancel the purchase within the cooling-off period, the purchase agreement is dissolved without further consequences. You do not need to provide a reason, and the seller cannot demand compensation or a penalty from you. Any deposit or advance payment made must be refunded in full.
The cancellation must be made in writing and sent within the deadline. Send the cancellation preferably by registered post or by email with a read receipt, so you can prove that you acted within the time limit. A verbal notification is not legally sufficient.
If you cancel after the cooling-off period has expired without invoking a resolutive condition, you are in principle bound by the purchase. If you do so anyway, you risk a penalty that is typically ten percent of the purchase price.
Does the cooling-off period differ for new builds or auctions?
Yes, the cooling-off period works differently for new builds and auctions. With new builds, a three-day cooling-off period applies after signing the purchase and construction agreement, similar to existing properties. However, additional deadlines may sometimes apply, depending on the developer and the specific terms of the contract.
At an auction, the statutory three-day cooling-off period generally does not apply. Anyone who purchases a property through a foreclosure auction or voluntary auction is immediately bound by their bid as soon as the notary closes the sale. There is no statutory right to cancel the purchase afterward. This makes buying at auction considerably riskier and requires thorough preparation in advance.
What is the difference between the cooling-off period and a resolutive condition?
The cooling-off period and a resolutive condition are two distinct instruments. The cooling-off period is a statutory right that always applies and within which you can cancel the purchase without giving a reason. A resolutive condition is a contractual arrangement made between you and the seller, which only applies if a specific condition is not met.
The most common resolutive condition is the financing clause: if you are unable to secure a mortgage within the agreed timeframe, you can cancel the purchase without penalty. Other examples include a reservation subject to a structural survey or the granting of a National Mortgage Guarantee.
- Cooling-off period: statutory, always three days, no reason required, no costs
- Resolutive condition: contractual, specific timeframe and reason required, must be agreed upon
The cooling-off period expires after three days. Resolutive conditions have their own deadline as set out in the purchase agreement, typically two to six weeks. Once that deadline has passed, the right to cancel on the basis of that condition also lapses.
How we help you buy or sell a home
Buying a home or selling a home is a process involving many legal and practical details, such as the cooling-off period, resolutive conditions, and contract negotiations. Urban Homies guides you through the entire process, from your initial orientation to signing at the notary’s office.
What we do for you:
- Valuation and market research to establish a realistic asking price
- Professional photography and a tailored listing
- Support during negotiations and drafting of the purchase agreement
- Explanation of your rights, including the cooling-off period and resolutive conditions
- Aftercare following the transfer at the notary’s office
Want to know how we approach your purchase or sale? Get in touch with us and we will discuss together what we can do for you.
