It is a pleasant and easily accessible means of communication. Also about buying a home is often spoken via Whatsapp, with or without a broker. More and more, a broker is missing in the buying process and people are selling their house directly via Facebook.
In the judiciary, a number of statements can now be found in which agreements about buying a house are disputed.
What are the rules for buying a house for private individuals?
The basic rule is a written requirement and means that consent must be given by the buyer and the seller through a signed purchase agreement. In practice, several cases have already been submitted to the court, such as agreements made by email or fax. In 2011, the Supreme Court also considered a case in which buyer and seller had oral agreement.
The Civil Code provides that this purchase must therefore be recorded in writing and that is strictly explained. Even in court judgments is invariably referred to here. A signature under a purchase agreement remains necessary. How does it work if buyer and seller have made agreements per Whatsapp?
Limburg Whatsapp buyer and seller
In April 2018 the judge was presented with a case from two parties that had agreed to buy a house for € 649,000. The buyer negotiated with the seller in January and February and on 6 March 2018 they signed a purchase agreement and handed it over to the seller.
The day after signing the buyer asks the seller per Whatsapp the following: ” Hello [name seller], have you read and signed the agreement? Or do you have any questions? Greeting, [buyer].
The buyer gets back on the same day a reaction that gives no cause for concern and can still be read with a touch of humor: ” Haha impatient. He has been read and recorded fine according to what we have discussed. Tomorrow you have him with our signature. ”
In the end, the next day there is no signed purchase agreement, but a bell that the sellers do not want to sell. This buyer will feel nice in the suit sewn.
The judge finally decides that the appointment made by Whatsapp is a commitment. Only that commitment does not replace the legally required signature, and this commitment can not be regarded as a digital signature.
In short, agreements per Whatsapp for buying or selling your home are not worth anything. The same applies to reporting via Facebook or SMS. If there is an urgent need, the personal handling of the purchase contract is by far safer and more certain.
Legal reflection time buying house
Eventually someone still has a legal cooling-off period of 3 days when buying a house. This cooling-off period is only applicable to the buyer and not to the seller. If the seller could be considered as a salesperson from this Whatsapp conversation, then this one was really attached to it. The buyer who had promised per Whatsapp could still have canceled without giving a reason.
What should be at least in the purchase agreement
Here is no legal requirement for only to avoid legal discussions we recommend to include at least the following topics:
- Personalia and address details of all parties;
- The address of the sold property;
- Conditions when the purchase does not take place;
- The purchase price of the house;
- Transfer date of the home;
- Date of signature of the purchase agreement;
- Also the purchase price of the house.
- Any verbal agreements that have been agreed.
If there is a specific situation and the seller has made a commitment on this subject, then it is also wise to record this. As soon as the money factor is in the game, the memory of the parties falls from many court judgments.
Which agreements can you arrange via Whatsapp?
For example, after signing the purchase agreement, you can make agreements about, for example, an extension of a financing reservation . Do you, for example, have to deal with a deadline and press the money provider of your choice? In such a situation you can request an extension for Whatsapp. Request a confirmation that the postponement is approved and if necessary, confirm this by email.
How can I buy a property safely?
To start with, we encourage everyone in this process to hire a buying agent . Buying a home is one of the largest purchases in a lifetime for many consumers. You often come across professional brokers who work on behalf of the seller. These selling brokers are daily busy buying and selling homes and know exactly what they are talking about. As a private person you enter an uneven playing field in this way.