Which dissolving clauses in the deed of sale are important to me?

From financing to technical inspection
The dissolving clauses in the deed of sale give you extra security as a buyer. They also allow you to abandon the purchase free of charge if the conditions are not met. It is therefore wise to think carefully about which dissolving clauses are important to you. How and when do you draw them up?

The dissolving clauses are not only important for you as a buyer, but they also affect the seller. That's why you take the dissolving conditions into the negotiations already. If you make an offer, you should also immediately mention which resolutive conditions are important to you. The seller will take this into consideration when making a counter-offer.

What do you know about your new home?
Know that as a buyer, you have a so-called 'duty to investigate'. So you cannot simply rely on the information provided by the seller - who, moreover, has a duty of disclosure. So you also have to get to work yourself. Make sure you have investigated the maintenance of the property. Does everything look good or does it need major maintenance? In addition, check whether certain obligations apply. Think about a chain clause, the ground lease, right of way. Good research can prevent hidden defects - which only emerge after the transfer.

What are the dissolving conditions?
You don't want to run any major risks and be able to withdraw from the purchase if, for example, an investigation shows that the house needs a lot of maintenance. Or if you cannot get the financing. In this video we tell you what the most important dissolving clauses are when buying a house.

Dissolving clause financing
When you need a mortgage to buy the property, dissolving clauses financing are included. These are standard in the NVM purchase deed because the majority of buyers need a mortgage. On average, you have about six weeks to complete the financing. Do you get a rejection from the bank before that period? Then - by handing over this rejection - you can abandon the purchase free of charge. Can't get a definite answer from the bank within the set period? Then you can ask the estate agent for a postponement to give the bank more time to complete the financing. However, granting an extension is not mandatory. It is therefore important to start applying for the financing as quickly and energetically as possible.

Dissolving clause National Mortgage Guarantee
If you buy a house that is not more expensive than €435,000, then you are eligible for the NHG. Taking out an NHG mortgage has a number of advantages, such as a lower mortgage interest rate. It also gives you security of being left without residual debt when you can no longer meet your mortgage burden and the bank will sell the house.

Dissolving clause sale of own home
Do you still have your own home to sell? Then you don't want to run the risk that it will not be sold within a certain period of time, because then you will be stuck with double charges. You can solve this by adding a dissolving clause regarding the sale of your current home. This is how it works: you add an article to the deed of sale that gives you the chance to sell your house for a certain period of time. Do you not manage to sell your current home within the specified period? Then you can annul the sale free of charge. Keep in mind that it is not a favourable condition for the seller if you think you need a long time to sell your current house. Of course, he doesn't want to run the risk of being told in four months' time that the sale is cancelled. Therefore, the sales agent will most likely propose adding an extra article (a no-risk clause) to the deed of sale, namely that the viewings can go ahead and the seller may receive bids from others and sell the house to someone else.

Dissolving clause building inspection
Do you have doubts about the flat roof, a crack in the wall or want to make sure you haven't overlooked anything? Then have a building inspection carried out - especially for an older property. It is possible to have the inspection done before signing the deed. You can also decide to include an article about it in the deed of purchase, in which you agree that you can abandon the purchase if the structural inspection report shows that more than, say, €10,000 worth of immediately necessary maintenance needs to be done. This could affect the assessment of your mortgage. In addition, the structural engineering report is an obligation from the bank if the appraisal report shows more than 10% overdue maintenance.The costs for a structural engineering report are around €250 to €450 (depending on the size of the house) and are tax deductible.