An Option, Not an Obligation
A 'lease option agreement', which in Dutch is a huurovereenkomst met een koopoptie (rental agreement with a purchase option), is a different and slightly less risky arrangement than a huurkoop (lease purchase). In this type of contract, the tenant rents the property for a specified period and, in return for an 'option fee', is granted the exclusive right, but not the obligation, to purchase the property at a predetermined price at some point during or at the end of the lease term. This distinction between a 'right' and an 'obligation' is the single most important feature that separates a lease option from a lease purchase.
How It Works in Practice
The tenant and landlord agree on the terms of the option: the purchase price, the timeframe during which the option can be exercised, and the cost of the option itself. The cost of the option can be structured in a few ways. It might be a one-time, non-refundable upfront payment, or it could be built into the monthly rent, meaning the tenant pays a slightly higher rent than the market rate. This extra amount is the payment for the right to buy the property later. If the tenant decides not to exercise the option at the end of the term, they simply walk away. They forfeit the option fee they have paid, but they are not in breach of contract and have no further obligations.
Still a Rare and Risky Proposition
While safer than a huurkoop, a lease option agreement is still extremely rare in the Dutch residential market and carries its own risks. The option fee is non-refundable, so if you decide not to buy, that money is lost. The pre-agreed purchase price can also end up being higher than the market value if prices fall. Furthermore, these are non-standard contracts. Any such agreement is complex and has significant financial implications. It is absolutely essential that any tenant considering a lease with a purchase option has the contract thoroughly reviewed by a notaris (civil-law notary) or a lawyer specialized in real estate law before signing anything.
