Legal cases linked to house buying are increasing because of the pressures caused by the tight housing market, according to figures from legal aid insurance company Achmea Rechtsbijstand (SAR) and quoted by broadcaster NOS.

Achmea handled over 3,600 reports of legal conflicts between buyers and sellers in 2025, the highest number in five years, the organisation said.

“In this market where houses are scarce, buyers have to decide quickly,” SAR legal advisor Eva Jongenelen told the broadcaster.

Many buyers eager to make the most attractive offer forego “subject to” clauses which would protect them from fines should a mortgage request fall through, or if the house has hidden structural problems, she said.

In addition, many  first-time buyers are ignorant about the legal ramifications when they make an offer on a house.

Corine Jansen of home owners’ association VEH said buyers can feel pressured into dropping the clauses which are meant to protect them from contracts to make their offers seem more attractive to sellers.

“If the buyer could have seen the defects themselves, they have no legal recourse, but if the owner has kept quiet about hidden defects, then they can be held responsible,” she said.

If a mortgage application fails, buyers without a “subject to financing” clause in a contract may have to pay 10% of the purchase price to the seller in compensation.

Jansen and Jongenelen advise prospective buyers not to drop the protective clauses too quickly, keep their eyes peeled when viewing a house, not be shy about questioning the seller, and not sink their last penny into the purchase.