What happens to the sale when the mortgage is refused?

Verified 27 August 2025 - Directorate of Legal and Administrative Information (Prime Minister)

When the buyer does not get a mortgage, the sale does not take place. But the financial consequences are different, depending on whether the reservation contract or by sales agreement (or promise to sell) provided or did not provide that the purchase was financed by one or more loans:

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The reservation contract or the sales agreement provides that the purchase is financed by one or more loans

The reservation contract or the sales agreement indicates that the purchase will be financed by a loan and how long the buyer has been given to obtain it. This indication constitutes a suspensive condition.

FYI  

The period granted to the buyer must not be less than 1 month. But a longer delay is possible.

When the loan is refusedHowever, the sale does not take place and the buyer has nothing to pay to the seller. If the buyer had already paid the seller sums, the seller must reimburse them, without deduction or compensation.

The booking contract or the sales agreement does not provide that the purchase is financed by a loan

The consequences vary depending on whether the reservation contract or the sales agreement contains or does not contain a handwritten mention stating that “if the buyer applies for a loan and then renounces the purchase, he will have to pay a fee”:

With a full handwritten mention

The reservation contract or the sales agreement indicates that the purchase will be funded without the help of a loan.

The buyer wrote with his hand (handwritten mention) that he is informed that if he applies for a loan and subsequently renounces the purchase, he will have to pay a fee.

The amount of these fees is indicated in the reservation contract or the sales agreement.

When the loan is refusedHowever, the buyer who renounces the sale must pay the seller a fee.

With an incomplete handwritten mention

The reservation contract or the sales agreement indicates that the purchase will be funded without the help of a loan, but the written passage of the buyer's hand (handwritten mention) does not indicate that if the buyer applies for a loan and subsequently renounces the purchase, he will then have to pay a fee.

When the loan is refusedHowever, the buyer may waive the sale without having to pay the seller any fees.

Without handwriting

The reservation contract or the sales agreement indicates that the purchase will be funded without the help of a loan, but it does not include no written passage by the buyer's hand (handwritten mention).

When the loan is refusedHowever, the buyer may waive the sale without having to pay the seller any fees.