Short answer: the deposit (waarborgsom) is security for the seller that you'll go through with the purchase. The usual amount is 10% of the purchase price. You pay that amount into the notary's client account (derdenrekening), or you have your bank or insurer issue a bank guarantee (bankgarantie) for that amount. The deadline is in the purchase agreement (koopakte), and is usually shortly after the end of your financing condition. If the purchase goes ahead, the deposit is offset or refunded and the bank guarantee lapses. If you withdraw in time through the cooling-off period or a condition, you get it back. If you don't go through with the purchase without a valid reason, it usually goes to the seller as a penalty.
Deposit or bank guarantee: the difference
In the model purchase agreement of NVM, Vereniging Eigen Huis and the other estate agent associations (article 5), the bank guarantee is the main rule and the deposit the alternative.
- Deposit: you transfer the amount yourself to the notary's client account. The money must be credited there by the date in the agreement. So sending it on time isn't enough: allow for a banking day or more.
- Bank guarantee: a bank or insurer declares that it will pay the amount to the notary if you don't meet your obligations. You don't need to have the money yourself. According to the model, the guarantee must be unconditional, pay out on the notary's first request, and remain valid until at least one month after the agreed transfer date.
If you don't have the money yourself, or don't want to tie it up, a bank guarantee is the usual choice. You apply for it with your mortgage lender, often through your mortgage adviser.
How much?
The model leaves the amount open, but the explanatory notes call 10% of the purchase price usual, and the notary says the same. With a purchase price of € 315,000 that's € 31,500. The amount is stated in euros in the agreement. Check that it matches the purchase price: sometimes the price is adjusted after negotiation but the deposit amount isn't.
When does it have to be there?
The date is in article 5 of the agreement ("no later than ..."). According to the explanatory notes, a bank guarantee is usually provided within a few days after the end of the financing condition. At ABN AMRO, for example, you apply for it at the same time as you take out your mortgage. A date earlier than your mortgage can be arranged is therefore often not achievable.
An example from a purchase agreement we read: the financing condition ran until 29 November 2026, and the bank guarantee of € 31,500 had to be with the notary by Tuesday 8 December.
Does your agreement have a date before the end of your financing condition, or only a few days after signing? Then ask the agent for a later date within your cooling-off period (bedenktijd), or make sure you can pay the amount yourself.
What does it cost?
- Bank guarantee: according to the explanatory notes to the model, the bank charges a fee for the guarantee. How much varies per bank. ABN AMRO, for example, says the costs are included in the processing costs of your mortgage and that there are no extra costs. Ask your adviser what your bank charges.
- Deposit: this costs nothing, but your money is tied up until the transfer. The seller pays no interest. If the notary pays interest on the deposit, the model says it's yours.
What if you don't pay on time?
Not paying the deposit on time, or not providing the bank guarantee on time, is a failure to perform: you're not meeting an obligation in the purchase agreement. According to the model, this is what happens:
- The seller gives you formal notice of default in writing (ingebrekestelling) and gives you eight days to arrange it after all.
- If you do so within those eight days, the purchase goes ahead. If the seller suffered a loss because of the delay, you do have to compensate it.
- If you don't, the seller can dissolve the purchase and claim a penalty of 10% of the purchase price. Or they demand performance, with a penalty of 3 per mille (0.3%) of the purchase price per day, up to a maximum of 10%.
So not having paid a deposit doesn't mean you get off cheaply. According to the notary, you can sometimes still be forced to pay the penalty.
What if the purchase falls through?
That depends on the reason.
- You withdraw within the cooling-off period or in time through a condition: the deposit is refunded and the bank guarantee is ended. The model obliges whoever holds the money to pay it back. See Conditions in the purchase agreement.
- You don't go through with the purchase without a valid reason: after the notice of default, the notary pays the penalty to the seller from the deposit, or asks the bank to pay out the amount of the guarantee. With a bank guarantee, that doesn't clear your debt: according to ABN AMRO, the guarantee paid out is converted into a loan that you repay to the bank. If the seller's loss is higher than the penalty, the model says they can also claim that extra loss.
- The seller doesn't go through with the purchase: the notary then returns the bank guarantee to the bank or refunds your deposit.
- You disagree about who has failed to perform: the notary then holds on to the money or the guarantee until a court has decided, or until you give a joint instruction. A bank guarantee must then be extended.
- You go bankrupt or enter debt rescheduling (schuldsanering), and the trustee or administrator doesn't continue the purchase: according to the model, the amount is then forfeited to the seller as a penalty.
If you think the penalty is excessive in your case, a court can reduce it, according to the explanatory notes. Among other things, the court looks at the actual loss. Don't count on that: you only get that chance after legal proceedings.
When do you get it back?
If the purchase simply goes ahead:
- a deposit is offset against the purchase price at the transfer, to the extent you don't pay the purchase price from your mortgage. If you pay everything with a mortgage, you get the deposit back. According to the model, that happens as soon as you've met your obligations under the purchase agreement; the notary's settlement statement (nota van afrekening) shows how it was handled;
- with a bank guarantee, the notary tells the bank that the guarantee can lapse, as soon as you've met your obligations and the transfer has been completed.
Frequently asked questions
Is 10% mandatory?
No, the amount is agreed in the purchase agreement. 10% of the purchase price is usual, though. If you want a lower amount, the seller has to agree.
Where do I pay the deposit?
Into the client account of the notary named in the purchase agreement. That's what the model assumes, and the explanatory notes call paying it to the notary usual and sensible.
Do I get interest on the deposit?
Not from the seller. If the notary pays interest, the model says it's yours.
What happens if I miss the deadline for the bank guarantee?
The seller can give you notice of default with a period of eight days. If you arrange it within that time, the purchase goes ahead. Otherwise they can dissolve the purchase and claim a 10% penalty, or demand performance with a daily penalty.
When do I get the deposit back if the purchase falls through?
If you withdraw within the cooling-off period or in time through a condition, it's refunded. If you're the one who fails to perform, it goes to the seller as a penalty. If you disagree, the notary holds on to it until there's a decision.
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) (article 5 Bank guarantee/Deposit, article 11 Notice of default/Dissolution and article 15.3; copy on an estate agent's website, accessed 27 October 2026)
- Explanatory notes on the purchase agreement for consumers, apartment right (2023 model) (articles 5 and 14; 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)
- ABN AMRO: Bank guarantee (costs and conversion into a loan; accessed 27 October 2026)