The most common contractual conditions concern mortgage finance and a building inspection. Depending on the buyer and property, NHG mortgage protection, an occupancy permit, selling an existing home or approval for essential alterations may also be relevant. Agree conditions when making the offer and specify amounts, deadlines, evidence and procedure precisely. A condition is not an unrestricted escape route: you can use it only if the agreed requirements are met.
What is a contractual termination condition?
An ontbindende voorwaarde is a provision in the purchase agreement allowing it to be terminated in defined circumstances. It sets out the required outcome, the deadline for invoking it and the evidence you must provide. If your circumstances do not meet that wording, or you are late, the condition may not protect you.
Do not wait until the contract is being drafted to negotiate conditions. The seller selected your offer as a whole: price, conditions and completion date. State all conditions in the offer and have them correctly incorporated into the purchase agreement.
1. Mortgage financing
A financing condition can allow you to terminate if the necessary mortgage cannot be obtained, subject to the agreed requirements. Do more than write “subject to finance”: specify the amount needed, the deadline and the efforts and evidence required.
Allow realistic time for advice, application, valuation and lender assessment. Check how many rejection letters or other documents the contract requires. A general statement that the mortgage has failed is often insufficient. You must act within the deadline, follow the procedure and demonstrate the required efforts.
2. Building inspection
An inspection condition may refer to a maximum cost of immediately necessary repairs, a specified technical finding or further investigation. Use wording that fits the property. In an older Amsterdam building, a general visual inspection may not answer questions about foundations, structure or damp.
Specify who will inspect, when the report must be available and which costs or findings allow termination. Arrange the inspection promptly after acceptance. A cost threshold without a clear definition of “immediately necessary” can lead to disagreement.
3. Nationale Hypotheek Garantie
If your financing depends on NHG, the Dutch National Mortgage Guarantee scheme, an explicit NHG condition may be needed. A mortgage may be possible without NHG approval. Ask your adviser whether the financing condition sufficiently covers this or whether a separate provision is necessary.
4. A permit or approval
Some properties or buyers may require a municipal occupancy permit or another approval. For alterations, a building permit, listed-building consent or VvE decision may be essential. Check before bidding what is actually needed and whether the decision timetable fits the purchase.
Identify the application and required outcome precisely. “Subject to a permit” is too vague on its own. Municipal approval does not automatically replace consent from the owners’ association or landowner.
5. Selling your current home
If you need the proceeds of your present home to buy, a condition relating to its sale may be appropriate. Specify which home must be sold, by when and on what minimum terms. For the seller, this creates uncertainty and may extend the process, potentially making the offer less attractive.
Discuss alternatives such as bridging finance with your mortgage adviser, but do not treat an indicative calculation as a guarantee. Valuation, sale proceeds and timing can still differ from expectations.
6. Missing apartment, VvE, leasehold or foundation information
Sometimes essential information is missing when you want to bid: VvE minutes, a foundation report, a major-maintenance decision or a leasehold offer. Usually, the better starting point is to obtain it before bidding. If this is impossible and the result is decisive, a tailored condition may be needed.
Describe the document or decision expected and the outcome that would be unacceptable. A broad condition that appears to cover everything may be unworkable for the seller and provide less legal certainty than the buyer expects.
How do conditions affect your chances?
The seller assesses the whole offer. Fewer conditions may offer more certainty, but buyers should not give up necessary protection simply to compete. A precisely worded condition with a realistic deadline is clearer than a vague one with no amounts or timetable.
Preparation helps too. A financing check, complete file, available valuer or inspector and prompt communication can reduce uncertainty without removing the contractual protection. Make an unconditional offer only if you can actually bear the full financial and technical risk.
How do you invoke a condition correctly?
Follow the purchase agreement exactly. Send the termination notice before the deadline, through the specified channel, to the right party, with the required documents. Keep evidence of sending and receipt. A telephone conversation is not enough if the contract requires written notice.
If a bank, inspector or authority needs more time, request an extension in writing immediately, before the deadline. An extension requires the seller’s agreement. Record the new date clearly in an addendum or confirmation.
A checklist before making your offer
- How much mortgage finance is needed, and which personal funds are demonstrably available?
- What has already been assessed, and what must the lender still approve?
- Which technical risks are visible or remain unexplored?
- Which permit, VvE approval or other external decision is essential?
- Which deadlines are achievable for the adviser, valuer and inspector?
- Can you bear the consequences if a risk you did not cover materialises?
Choose conditions that fit your circumstances
Conditions should reflect your financing, the property and missing information. Do not automatically include every possible condition, but do not remove a necessary safeguard for a small competitive advantage. A sound offer combines an evidence-based price with clear, precise and workable terms.
Frequently asked questions
Can I add a condition after the offer is accepted?
Only if the seller agrees. Include important conditions in the original offer.
Is a financing condition always necessary?
Not for every buyer, but it matters if you cannot bear the financial consequences of the mortgage falling through. Have your situation assessed individually beforehand.
Can I terminate if the valuation is below the purchase price?
Only if this prevents the agreed financing being obtained and you comply with the condition and evidence requirements. A lower valuation is not automatically a separate ground for termination.
Is the statutory cooling-off period the same thing?
No. The cooling-off period follows from the law and is short. Contractual conditions cover specific circumstances and agreed deadlines.
Which conditions suit your offer?
We connect your financing, the property file and the sales procedure to conditions that are clear and workable. Discuss your purchase with us.
Sources and review
English edition reviewed on 25 September 2026. See Notaris.nl: conditions in the purchase agreement (in Dutch). Your signed contract determines the precise wording, procedure and evidence required.