In this blog, we would like to explain to you what the mandatory home sale questionnaire entails and why it is important.
The questionnaire sales house
Anyone selling a home will have to deal with it, the questionnaire for selling a home. These questionnaires are mandatory and are provided by the selling broker. There are several questionnaires, namely the List of (movable) property, Questionnaire part A (1), and Questionnaire part B (2). If you are selling an apartment, the VvE checklist will also be requested.
Depending on the trade association, there may be differences between them; for example, the questionnaires are often called Parts A and B at NVM and 1 or 2 at VBO. Basically, both questionnaires cover the same subject matter. The exact details are discussed below.
The List of Cases
In the list of (movable) items, the seller can indicate what items will be left in the house (or outbuildings) for the future owner. Movable items are items that do not normally belong to the house to be sold. Especially with older homes, it is not always immediately obvious.
The rule of thumb is that movable items are left behind if they are nail-bound in or attached to the home, for example, a bookcase or hood. Other items that are loose but large may be doubtful. Roof tiles often sit loose on the home, but are inseparable from the home and therefore are not counted as moveable items.
Often large or heavy, but loose, items are offered for acquisition by the seller. The most common are: kitchen appliances, white goods, lamps, bathroom accessories and curtains.
In the list of items, the seller can indicate step by step, using examples, which items remain behind, can be taken over, or go with the property. As a result, you as a buyer will no longer be faced with surprises upon completion.
Questionnaire Part A
The first section of the home sale questionnaire collects data on home ownership and financing. Because private information is often shared, such as mortgage information, this list will not be shared with prospective buyers. This questionnaire is often designed to build a file for the real estate agent; only the real estate agent gets to see the answers.
For real estate agents, it is important to know if and how the property can be sold. For example, if there is a personal bankruptcy or receivership, then the sale must be organized in cooperation with the receiver and different rules suddenly apply.
Questionnaire Part B
The second part of the home sale questionnaire discusses all the details about the condition of the home, land and any outbuildings. The Part B questionnaire is often very long and difficult for sellers, but very important for prospective buyers to make an informed decision.
The questionnaire covers various technical and legal aspects such as: the condition of the roofs, facades, floors and foundation. In addition, items such as cadastral property boundaries, easements and permits are discussed.
Some points you may not be able to answer properly as a current owner because it is an old house, for example. It is therefore not strange if you cannot answer all the questions about the foundation; the selling broker can help with this if necessary. However, it is important to fill out this questionnaire as completely and correctly as possible.
Why are home sale questionnaires important?
When selling a house there is a duty of disclosure and information, this means that the seller must name all known defects and points around the house, even if they are disadvantageous. For example, has there been a leak or a crack in the wall behind a cupboard? Then it is important that these points are reported, because the prospective buyer could not have discovered these points during the viewing or inspection.
By filling out the questionnaires honestly and correctly, sellers avoid liability for any defects, even later. For example, a recent court ruling ruled that the sellers of a home 30 years after the fact were ordered to pay restitution of more than €25,000. The sellers had wrongly stated on the questionnaire that the living basement was dry, while they should have known that the basement would fill with water during a rainstorm.
Completing the questionnaire sales home is therefore very important to avoid liability later. To help sellers get started, Eerlijk Bieden has digitized the questionnaires in the Dataroom. This way, all questionnaires can be gone through in a structured manner to avoid mistakes later on.
