Tips & advice

Extra clauses in the purchase agreement: protection that makes the difference

23 November 2025 · 3 min read

We look beyond the standard purchase agreement (koopovereenkomst). The model drawn up by the industry associations works perfectly well as a basis, but the real protection for buyer and seller lies in the extra clauses. We often add these provisions as standard, based on experience, changing regulations and risks we encounter more and more often in practice. At first, other estate agents thought this was over the top; now they see why we do it.

Fluctuating groundwater levels and foundation damage

Due to extreme drought in summer and heavy rainfall in winter, the groundwater level fluctuates sharply. These fluctuations cause subsidence and cracks in foundations, floors and walls. To prevent sellers from being held liable later for unforeseen damage, we use a groundwater clause. A provision that once seemed unnecessary, but is now an absolute necessity in many cases.

Purchase guidance clause

We always include a provision asking the buyer whether they are being assisted by a buying agent or adviser. Many buyers think the selling agent is there for them too, but that is not the case. As the selling agent, we represent the interests of the seller. That is why we advise at every viewing: bring a buying agent. You do not buy a home the way you buy a loaf of bread at the bakery.

Concrete rot: a creeping danger

In certain construction periods, homes were built at a rapid pace using concrete floor sections that had not fully cured. Those sections later started to rust, resulting in concrete rot. For homes from that period, we include a clause that protects the seller against later claims and makes clear to the buyer what they are buying. We always mention this in the brochure and during the viewing.

Duty to investigate and age clause

The buyer has a duty to investigate (onderzoeksplicht): to check for themselves what they are buying and whether their plans are legally possible. The seller has a duty to disclose (mededelingsplicht), but that does not release the buyer from their own responsibility. For homes older than 40 years, we use an age clause (ouderdomsclausule) where appropriate. That is not a licence for defects, but a warning: be extra alert and have a building survey carried out before you sign.

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