Under Offer in the Netherlands: Can You Still Be Outbid?

Many buyers believe that once a property is under offer in the Netherlands, the home is effectively theirs.

Unfortunately, that is not always the case.

The Dutch home buying process contains a rule that surprises many buyers, especially expats and first-time buyers. In some situations, another buyer can still purchase the property, even after the seller has accepted an offer. To understand why this happens, you first need to understand what under offer means in the Netherlands and how the written agreement requirement works.

What Does Under Offer Mean in the Netherlands?

When sellers mark a property as under offer in the Netherlands, they are considering an offer from a buyer or negotiating with a potential buyer.

However, under offer does not mean sold.

Some buyers assume that an accepted offer automatically completes the transaction. In reality, the process continues until both parties sign the purchase agreement. As a result, other buyers may still show interest in a property that is under offer in the Netherlands.

Why Is a Verbal Agreement Not Legally Binding?

Dutch law requires buyers and sellers to record the purchase of a residential property in a written agreement. For that reason, a verbal agreement alone is not enough. Emails, text messages and phone calls do not create a legally binding purchase. The agreement only becomes legally binding when the buyer and seller sign the contract.

Until that happens:

• The buyer can withdraw

• The seller can withdraw

• The seller can consider another offer

• No legally binding purchase exists

Lawmakers introduced this rule to protect buyers from making rushed decisions when purchasing a home.

Can You Be Outbid After the Bidding Deadline?

Yes.

This remains one of the most misunderstood parts of buying a home in the Netherlands. Even after a bidding deadline passes, another buyer may submit a higher offer before the buyer and seller sign the contract.

For example, imagine that you view a property, submit an offer and receive confirmation that the seller wants to proceed with your bid. Naturally, you celebrate. You tell family and friends and begin making plans for your new home. Then another buyer submits a higher offer the next day. If the buyer and seller have not signed the purchase agreement yet, the seller can still consider that new offer.

Although many buyers find this frustrating, Dutch law allows this situation because no legally binding agreement exists at that stage.

Does a Bid Log Prevent Gazumping?

Not necessarily.

A bid log can improve transparency during the bidding process. It shows when buyers submitted offers and how the bidding process unfolded. However, a bid log does not create a legally binding agreement. The signing of the purchase agreement remains the most important moment in the process. Until the buyer and seller sign the contract, the seller can still choose another buyer.

Why Buyers Find This Process So Difficult

Buying a home is not only a financial decision. It is also an emotional one. Many buyers spend months searching for the right property. They attend viewings, analyse neighborhoods and submit multiple offers. Eventually, they hear that the seller has accepted their offer. At that point, most buyers feel relieved and excited. However, disappointment can follow if another buyer submits a better offer before the contract is signed.

Understanding how under offer works in the Netherlands helps buyers manage expectations and avoid unnecessary stress.

Why a Buying Agent Can Help

The Dutch housing market contains rules, deadlines and legal procedures that most people encounter only once or twice in their lives. A professional buying agent helps buyers understand these rules and avoid costly mistakes.

A buying agent can help you:

• Understand your negotiating position

• Assess risks before making an offer

• Communicate with the selling agent

• Monitor deadlines and documentation

• Guide you from viewing to completion at the notary

Most importantly, a buying agent explains what is happening throughout the entire buying process and helps you make informed decisions.

The Bottom Line

If a property is under offer in the Netherlands, it is not yet sold. Likewise, a verbally accepted offer does not create a legally binding agreement. The purchase only becomes legally binding once the buyer and seller sign the purchase agreement. Until then, circumstances can still change.

Need Help Buying a Home in the Netherlands?

Buying a home in the Netherlands can be confusing, especially for expats and first-time buyers. Fortunately, Burgemeester Vastgoed explains the process in plain English and helps buyers understand every step of the journey.

From your first viewing to the transfer at the notary, the team provides guidance, market knowledge and practical support throughout the entire buying process. Contact us now.