Short answer: a condition (ontbindende voorwaarde, also called voorbehoud) lets you withdraw from the purchase after the cooling-off period, but only in the situation described in the purchase agreement (koopakte) and only before the date that goes with it. The model purchase agreement of NVM, Vereniging Eigen Huis and the other estate agent associations contains three standard ones: financing, National Mortgage Guarantee (Nationale Hypotheek Garantie, NHG) and a building survey. You invoke the condition with a written notice that reaches the seller or their agent in time, with proof: for financing, by default one rejection from a bank. If you miss the date, the condition is gone. If you then don't go through with the purchase, you usually pay a penalty of 10% of the purchase price.
Which conditions are usual?
The model purchase agreement for an existing home (article 15 for a house, article 18 for an apartment) lists three, each with its own date.
- Financing. You can withdraw if, by the agreed date, you don't have a binding offer for a mortgage from a recognised bank or insurer. The agreement states the loan amount, a maximum gross annual cost or interest rate, and the type of mortgage. So a bank that does offer you a loan, but at a higher interest rate than the agreement states, is also a reason.
- National Mortgage Guarantee. You can withdraw if you don't get NHG for the mortgage you apply for. In 2026 NHG is possible up to a mortgage of € 470,000, or € 498,200 with energy-saving measures. If you borrow more, this condition is of little use.
- Building survey. You can withdraw if the survey report shows that immediately necessary repairs and overdue maintenance cost more than the amount in the agreement, or if the surveyor recommends further specialist investigation. If the surveyor gives a range, the highest amount counts.
For an apartment the model has a fourth one: you can withdraw if the VvE (owners' association) doesn't give permission for you to live there yourself, if its regulations require that permission.
Other conditions are allowed too, such as the sale of your own home or a permit for a renovation you're planning. These aren't in the standard model, so they go under the additional arrangements. The explanatory notes to the model put it this way: make sure every agreed condition is "properly recorded in the purchase agreement". A condition without a date, without an amount or without a description of the proof leads to arguments later.
How the deadline works
Each condition has a date ("no later than ..."). By that date it must be clear whether you can invoke the condition. After that you have a few working days to get your notice to the seller: the agreement says "no later than the ... working day after the date", and Saturdays, Sundays and recognised public holidays don't count. The notice must then have been received by the seller or their agent. Sending it on the last day is not enough.
An example from a purchase agreement we read: the financing condition ran until Sunday 29 November 2026, and the notice of withdrawal had to arrive by the first working day after that, Monday 30 November.
Count back from that date. Since the Dutch mortgage code of conduct (hypothekenrichtlijn), a bank no longer issues a provisional quote, only a binding offer. For that it first needs everything: income details, an employer's statement and a valuation report (taxatierapport). So hand in your documents straight away, and schedule the valuation and the survey in the first week. If you can't make it in time, ask the seller for an extension before the date and put it in writing. Without such an agreement, the date in the purchase agreement stands.
You also have to make a genuine effort. The model says both parties do "everything reasonably possible" to obtain the financing, NHG or other approvals. Deliberately letting a mortgage fail to get out of the purchase is not an option.
How to invoke a condition
- In writing. According to the explanatory notes, a phone call is not enough. A registered letter is the safest. If you've been emailing each other so far, email can also count as a "customary means of communication". Ask the agent to confirm receipt.
- Received in time, no later than the working day stated in the agreement.
- Well documented. For financing, the default is one rejection from a recognised bank or insurer. Check whether your agreement says something else: the parties may agree that you show two rejections or extra documents, such as your mortgage application or payslips. For the survey, send a copy of the report with the overview of repair costs.
If the withdrawal is valid, you're both released from the purchase. A deposit you've already paid comes back to you. Read more in Deposit or bank guarantee.
What if you miss the date?
Then you can no longer rely on that condition. The purchase is fixed, even if the mortgage is rejected a week later. Withdrawal doesn't happen automatically either: as long as you say nothing, the purchase simply goes ahead.
If you can't or won't complete the purchase after that, you are, in the words of the model, "in default" (nalatig). The seller gives you formal notice of default and gives you eight days. If nothing happens, they can dissolve the purchase and claim a penalty of 10% of the purchase price, plus damages if their loss is higher. They can also demand performance, with a penalty of 3 per mille (0.3%) of the purchase price per day, up to a maximum of 10%. With a purchase price of € 315,000, 10% is € 31,500. The penalty is usually paid from your deposit or bank guarantee.
Buying without conditions
In a tight market, buyers sometimes make offers without conditions to make their offer stronger. The explanatory notes to the model are clear about this. If you strike out the financing condition and don't get the loan, that's not a reason to withdraw: the financing is "entirely at the buyer's expense and risk". If you strike out the survey, you can't withdraw if repairs turn out to cost more than you expected. The seller can still be liable for hidden defects, but that's an argument after the fact, not a way out.
If you're considering this, have your borrowing capacity determined before you make an offer, preferably with a valuation, and have the home surveyed before your offer. For an apartment, also read the VvE documents beforehand, because the model has no condition for those. Your only free way out after signing is then the cooling-off period (bedenktijd).
Frequently asked questions
How many rejections do I need for the financing condition?
In the model purchase agreement the default is one rejection from a recognised bank or insurer. The parties may agree on more, or that you provide extra documents. What applies to you is in the article on conditions in your own purchase agreement.
Can I withdraw if the bank lends me less than I need?
Yes, if you don't get a binding offer for the amount, the annual cost or the interest rate stated in the agreement. That's why those figures must match what you really need, including the buyer's costs (kosten koper) you don't pay from your own savings.
Does the weekend count towards the deadline?
For the working days after the date of the condition, within which your notice must arrive, Saturdays, Sundays and recognised public holidays don't count. If the date itself falls on a weekend, don't count on an extension and make sure you're ready before that date.
Can I add a condition myself, such as the sale of my house?
Yes, if the seller agrees. Put it in your offer from the start and have it included in the purchase agreement with a date and a description of the proof.
What if I don't have a survey condition?
Then after the cooling-off period you can no longer withdraw because of defects a survey would have revealed. Have the home surveyed before your offer or within the cooling-off period.
Sources
All sources are in Dutch.
- Explanatory notes on the purchase agreement for consumers, model purchase agreement for an existing single-family home (2023 model) (Vereniging Eigen Huis, Vastgoedpro, VBO and NVM; articles 11, 15 and notes; copy on an estate agent's website, accessed 27 October 2026)
- Explanatory notes on the purchase agreement for consumers, apartment right (2023 model) (Vereniging Eigen Huis, Vereniging Vastgoed Nederland and NVM; articles 14 and 18; copy in a property brochure, accessed 27 October 2026)
- Notaris.nl: When the purchase of the house doesn't go ahead (accessed 27 October 2026)
- NHG: What is the NHG limit in 2026? (accessed 27 October 2026)