An offer on your home: how to negotiate as a seller

You have received an offer on your home and now need to decide: accept, refuse or negotiate. This is the moment when a sale in Belgium can become legally binding, often sooner than sellers expect. This article is not about setting your asking price, but about what to do once a concrete offer is on the table: how to read it, how to make a counter-offer and what you are better off not signing.

What a written offer means legally in Belgium

A written offer is more than a proposal. The prospective buyer commits to buying the property at the stated price and conditions, usually until a date given in the offer. Until that date, they cannot in principle simply withdraw it.

For you as a seller, the key point is this: under Belgian law, a sale is in principle concluded as soon as buyer and seller agree on the property and the price. If you sign the offer as accepted without changing anything, the sale is as a rule done. The compromis and the notarial deed then work it out in detail, but you can no longer back out because a higher bidder turns up the next day.

A verbal offer or one sent by text message carries less evidential weight, but the same applies: if you clearly say "agreed", the buyer may later argue that the sale was concluded. So always respond in writing and deliberately. If you are unsure about the consequences of a specific document, show it to your notary before you sign. That usually costs you nothing extra, since the notary handles the sale anyway.

Read the offer beyond the amount

Two offers for the same amount can be worth very different things to you. So look at four elements:

• The condition precedent of financing. Many buyers make an offer subject to the bank granting a loan. That is normal, but watch the deadline. A short, fixed period gives you certainty sooner than an open-ended wording.
• The validity period. An offer that is valid for a few days puts you under time pressure. That is no reason to sign in a hurry, but it is a reason to respond quickly.
• The requested date of occupation. If you still have to move or are waiting for a new home, a buyer who is flexible about the handover of the keys can be worth more than a few thousand euros extra.
• Additional conditions. Think of certain furniture being left behind, repairs before the deed or a reservation linked to an inspection. Every condition is a point where the sale can fall through later.

A slightly lower offer without a financing condition and with a clear timeline is often stronger than a higher offer full of reservations.

Making a counter-offer without losing the buyer

If the offer is below what you are willing to accept, you can make a counter-offer. Be aware of what that means legally: with a counter-offer you reject the original offer and make a new proposal yourself. The buyer is then no longer bound by their first offer. If they do not accept your counter-offer, you cannot fall back on their original amount, unless they propose it again themselves.

A few rules of thumb that work in practice:

• Back up your counter-offer with something concrete: recent sales in the street or neighbourhood, the condition of the home, the EPC label or works already carried out. A buyer is more likely to accept a price they can explain to their bank and their family.
• Do not negotiate on price alone. A faster or, on the contrary, later handover of the keys, leaving a fitted kitchen behind or dropping a condition can bridge the gap.
• Put a deadline on your counter-offer, so you are not left in uncertainty for weeks.
• Stay businesslike. A buyer who feels pressured will walk away or later renegotiate every detail of the compromis.

How much room you have depends heavily on how realistic your asking price was. If there were few viewings and this is the first offer after a long time, the problem may not lie with the buyer. In that case, also read our article on lowering your asking price: when and by how much.

Several offers at once: how do you handle them?

With a sought-after home, several offers sometimes come in within the same week. You are not obliged to accept the highest one. You choose the buyer who gives you the most certainty, and that is not always the one who offers the most.

Be careful, though, about how you play the offers off against each other. Letting candidates know that there are several offers is common practice. Telling a bidder that someone else has offered more when that is not true damages trust and can get you into legal trouble later. Many estate agents therefore use a clear procedure: all candidates receive the same information and the same deadline to submit a final offer.

Important: never accept two offers. As soon as you sign one offer, the home is in principle sold. Only then let the other bidders know that you have chosen another candidate, and keep their contact details. If the sale still falls through, for example because the financing is not approved, you know whom to contact.

What does your estate agent do during the negotiation?

A good estate agent screens the offers, checks whether a prospective buyer has seriously prepared their financing and conducts the negotiation without you having to face the buyer in person. That last point helps more than it seems: anyone negotiating over the house they lived in for years tends to react emotionally more quickly.

Do check what your agency agreement says, though. An estate agent may not in principle accept an offer on your behalf, unless you have expressly authorised them to do so. So read the agreement carefully, and ask for a written copy of every offer before you decide.

Not every estate agent handles this equally well. Through ImmoMakelaarVergelijker.be you can compare up to 3 local estate agents for free and without obligation, so you can choose who guides your sale and the negotiation. Compare estate agents in your area and ask how they handle offers before you sign.

Frequently asked questions

Am I bound once I have signed an offer?

As a rule, yes. If you sign a written offer as accepted without changes, buyer and seller agree on the property and the price and the sale is in principle concluded. The compromis and the deed follow afterwards.

What happens to the first offer if I make a counter-offer?

With a counter-offer you reject the original offer. The buyer is then no longer bound by their first amount. If they do not accept your counter-offer, you can no longer accept their first offer, unless they propose it again.

Do I have to accept the highest offer?

No. As a seller you are free to choose which offer you accept. A lower offer without a financing condition or with a better timeline can give more certainty than a higher offer with many reservations.

Can my estate agent accept an offer on my behalf?

Only if you have expressly authorised them to do so in the agency agreement. Without that authorisation, you decide yourself, based on a written offer.

In closing: decide on paper, not in the moment

An offer is the moment your sale really begins, and also the moment you are most likely to sign something you cannot undo. Read every offer in full, respond in writing, back up any counter-offer and have doubtful conditions checked by your notary. Not yet sure what your home is worth? Request a free valuation first, so you can hold every offer up against a realistic figure. And if you want to hand the negotiation over, compare up to 3 estate agents who know your area.