Legal rights of home seekers in Amsterdam

Questioner

Dear Legal Advice Centre, A few months ago I registered with a real estate agency that also rents out student housing (studios) in Amsterdam. By registering, I ended up on a kind of waiting list, which would make me eligible for a studio. I was told that I would be assigned a studio anyway, but it was not certain when exactly. In mid-December 2012 I was told (by telephone) that a studio had indeed become available and that I could rent it from them as of 15 January 2013. Of course I first scheduled a viewing (9 January 2013) and 3 days before this viewing I received the news from the real estate agent that the plans had changed, which meant that the studio would be sold instead of rented to me. As a result, I am currently still looking for a home and I have also rejected other offers in the past 4 weeks, thinking that I would come to live in that studio. This has given me the idea that I was promised a home under false pretenses. Now my question is whether this is allowed, since I had heard that within the real estate industry a verbal agreement is also binding. The studio was only promised to me: only I had the right to the studio, since I was at the top of the list.

Lawyer

I assume that if you were at the top of the list, you were still at the top of the list. Ask to confirm that. Since the agent has taken back the offered studio, I think you are entitled to remain at the top. If they do that, I assume that a new opportunity will come along in the near future. Were you entitled to rent this studio? The main rule is that an agreement is reached when an offer is made and you accept the offer. Until the offer is accepted, it can still be withdrawn according to the law.