What if the seller withdraws at the last minute?

You've placed the winning bid, the champagne has been uncorked and you're already painting the walls in your mind. But then the phone rings: the salesman has changed his mind. In the heated housing market of 2026, where emotions run high and alternative offers sometimes trickle in afterwards, this scenario is more common than you'd hope.

Can a seller just cancel the deal? What are your rights as a buyer and what legal steps can you take to still enforce the purchase or claim compensation? In this article, we analyse the rules of Dutch sales law in 2026.

The crucial moment: Has the purchase agreement already been signed?

In Dutch law, the purchase of a home by an individual is only legally valid if it has been recorded in writing. This is what we call the written requirement.

• Before signing: As long as there is only an oral agreement (by phone or email), the seller can in principle still go back. Even if the agent has said: “Congratulations, the house is yours”, there is still no legally binding agreement. At this point, the seller may still accept a higher bid from another party.
• After drawing: Once both parties have signed the purchase agreement, the deal is binding. For the seller, unlike the buyer, there is then no legal cooling-off period.

The cooling-off period: Buyer only

A common misunderstanding is that the seller also has a three-day cooling-off period. This is not the case.

The statutory cooling-off period of three days is a unilateral right for the buyer to cancel the purchase without giving a reason and without penalty. Once the seller has signed and the deed has been handed over to the buyer, the seller is committed to the deal.

What if the seller refuses to cooperate with the transfer?

Suppose the purchase agreement has been signed, the financing has been completed, but the seller refuses to come to the notary on the agreed date. This is seen as an attributable shortcoming (default).

The notice of default

You can't take the seller to court immediately. You must first formally “give notice of default” to the seller. This is usually done by registered letter (often written by your buying agent or lawyer) giving the seller a period of eight days to still meet the obligations.

Your options: Compliance or dissolution

If the seller still refuses after those eight days, under the standard model purchase agreement (which will also be used by the NVM in 2026), you have two flavors:

Option A: Enforce compliance (Claim the house)

By way of summary proceedings, you can demand that the seller still deliver the home to you. The judge can impose a penalty payment for each day that the seller refuses to cooperate. In addition, you are often entitled to compensation for the damage you suffer as a result of the delay (e.g. extra storage costs for your furniture or double monthly payments).

Option B: Termination and the 10% penalty

If you have completely lost trust or are unable to bridge the delay, you can terminate the purchase agreement. In that case, the seller owes the contractual penalty of 10% of the purchase price.

Calculation example: For a home worth €500,000, the seller must pay you a fine of €50,000. This is a harsh clause designed to discourage fickle behavior by salespeople.

Exceptions: When can a seller terminate?

There are only a few scenarios where a seller can legally go under the bargain:

• Resolutive terms and conditions of the seller: Sometimes a seller includes a clause that states that the sale will only go ahead if they have found a new home themselves before a certain date. This will be more common in 2026 due to the tightness in the market. Always check whether such conditions are included in the contract.
• Late payment/deposit: If you, as a buyer, do not pay the deposit (usually 10%) to the notary on time and the seller gives you notice of default, the seller can terminate the deal.

The broker's role and legal assistance

When a salesperson withdraws, the sales agent is often just as frustrated as you are; after all, they miss out on their commission. The broker will try to mediate but has no legal power to compel the seller.

In 2026, it is essential to have good legal expenses insurance or to have a specialized real estate lawyer on hand. Seizing the home (preservation) is a common tactic to prevent the seller from delivering the house to someone else in the meantime while the proceedings are ongoing.

Practical tips for a “Last minute” cancellation

1. Stay calm and communicate in writing: Capture everything. Confirm phone calls directly by email (“As just discussed, you're telling me not to go to the notary...”).
2. Call in your buying agent immediately: They know the ins and outs of the law and can often exert pressure on the sales agent.
3. Do not immediately agree to a small fee: Sellers sometimes try to get under the 10% penalty by offering a lower amount. Know what your rights are before you sign a settlement.

The insight: The law is on your side

Although it is a huge emotional blow when a seller withdraws, as a buyer in the Netherlands, you are legally very well protected once the signatures are signed. The 10% penalty clause is a powerful weapon, and judges are usually relentless when it comes to fulfilling real estate contracts.

The most important advice? Ensure that the purchase agreement is signed as soon as possible after the verbal agreement. Only then does a promise turn into a legal fact.

Are you currently dealing with a seller who is unsure or wants to withdraw? I can analyse the specific clauses in your purchase agreement to see what your immediate legal next steps are.