Resolutive conditions when making an offer on a house
You have found a property and you are ready to make an offer. But do you know which resolutive conditions (ontbindende voorwaarden) to include? These conditions determine whether you can cancel the purchase without paying a penalty if something goes wrong. Without this protection, you risk a fine of 10% of the purchase price.
Below we explain what resolutive conditions are, which ones are most commonly used and when to apply them. Want to know what makes sense for your situation? We are happy to think along with you.
What are resolutive conditions?
Resolutive conditions are agreements you include in the preliminary purchase contract (voorlopig koopcontract). They give you the right to cancel the purchase if a specific situation occurs, without owing the seller a penalty.
You agree on these conditions when you place your bid. The seller must accept them. If the conditions are not met within the agreed timeframe, you can walk away from the purchase at no cost.
Without resolutive conditions, you are legally bound to the purchase after the three-day statutory cooling-off period. If the mortgage does not come through after that? You still pay the penalty.
The most common resolutive conditions
There are several conditions you can include in your offer. These are the five we see most often:
Subject to financing (voorbehoud van financiering)
The most widely used condition. The purchase only proceeds if you successfully arrange the required mortgage. If you cannot, you can cancel the purchase free of charge, provided you can show a rejection from a mortgage lender. The standard timeframe is 6 to 8 weeks.
Subject to structural survey (voorbehoud van bouwkundige keuring)
If a structural inspection reveals serious defects, you can cancel the purchase when repair costs exceed a pre-agreed threshold. You set this amount in the contract, for example € 5,000. This protects you against unexpected costs after the transfer.
Subject to NHG (voorbehoud van NHG)
Want a mortgage with National Mortgage Guarantee (NHG)? You can include this as a condition. If you do not qualify, you can cancel the purchase. In 2026, the NHG limit applies to properties up to € 450,000.
Subject to sale of current home (voorbehoud van verkoop eigen woning)
Do you still need to sell your current home? You can agree that the purchase only proceeds if your property is sold within a set timeframe. Sellers do not always agree to this, but it is always worth discussing. Read more about the bridging mortgage.
Subject to housing permit (voorbehoud van huisvestingsvergunning)
In some municipalities, you need a housing permit to live at a specific address. If you cannot obtain that permit, this condition allows you to cancel the purchase without a penalty.
When do you include resolutive conditions?
Always when you place your bid, not afterwards. The seller must agree to them, which is why you raise them during negotiations, before signing the purchase contract.
The contract will specify:
- Which conditions apply
- The deadline by which you can invoke each condition
- Which supporting documents you need to provide
- How to formally notify the seller that you are cancelling the purchase
Important: the purchase does not cancel itself automatically. You must actively inform the seller in writing, within the agreed timeframe and in the correct manner. Acting too late or in the wrong way can still result in a penalty.
Bidding without a financing clause: is that wise?
On a competitive housing market, buyers sometimes drop the financing clause to make their offer more attractive to a seller. It does strengthen your bid, but the risk is significant.
If the mortgage falls through, you pay a penalty of 10% of the purchase price. On a property worth € 400,000, that is € 40,000. A serious amount.
Want to bid without a financing clause but without the financial risk? A bid insurance (biedverzekering) covers the penalty if the mortgage does not come through. That way you have the advantage of a strong bid, without the financial exposure.
How many conditions is sensible?
The more resolutive conditions you include, the less attractive your offer looks to a seller. Only include the conditions that genuinely protect you. A good mortgage adviser helps you decide which ones are essential and which ones you can leave out.
Including a financing clause? Make sure you also state the minimum amount you need to finance and set a realistic timeframe of 6 to 8 weeks.
Libero Financieel helps you arrange your financing
The financing clause is the most important resolutive condition when buying a home. Whether you can use it, and how to apply it effectively, depends entirely on your financial situation.
We arrange the mortgage for you and make sure the financing clause is properly recorded in the purchase contract. That way you know exactly how much you can borrow, what you can bid and how you are protected if the mortgage falls through.
- Free introductory consultation
We map out your financial situation: income, available funds and maximum borrowing capacity. - Calculate your maximum mortgage
You know exactly how much you can bid before you even find a property. - Making an Offer and Mortgage Contingency
Submit a strong offer with the confidence that your financing is properly arranged. - Mortgage Application
We handle the mortgage application for you and ensure clarity and certainty within the agreed deadlines.
Frequently asked questions about resolutive conditions
What is the difference between resolutive conditions and the cooling-off period?
After signing the purchase contract, you have a statutory three-day cooling-off period (at least two working days). During this time you can withdraw from the purchase without giving a reason. Resolutive conditions provide additional protection beyond those three days, for as long as the agreed timeframes are still running.
What happens if I want to cancel the purchase but my resolutive conditions no longer apply?
Then you will owe a penalty. In most cases this is 10% of the purchase price. On a property worth € 350,000, that amounts to € 35,000. Always make sure you invoke your conditions in writing and within the agreed deadline.
How long are resolutive conditions valid?
You agree on this in advance and record it in the purchase contract. For a financing clause, 6 to 8 weeks is standard. For a structural survey, the timeframe is usually shorter. Need more time? You can ask the seller for an extension, but the seller is not obliged to agree.
Can the seller also include resolutive conditions?
Yes. A seller can, for example, include a condition that the sale only proceeds if a remaining debt on their current property can be refinanced. Resolutive conditions are not exclusively for buyers, even though buyers use them more often in practice.
Can I bid without a financing clause and still avoid the risk?
Yes, if you cover the risk properly. A bid insurance (biedverzekering) pays the penalty if the mortgage does not come through after all. This lets you place a strong offer without financial exposure. We can advise you on this in a no-obligation consultation.