Dispute over the NVM purchase agreement

A lot can go wrong when buying and selling homes. Often it is about the interpretation of the NVM purchase agreement. This most widely used model in the Netherlands contains various provisions to prevent disputes, but they do not always succeed. Lexys Advocaten explains below which features of the NVM purchase agreement most often play a role in such disputes.

Most frequently used model purchase agreement

The NVM purchase agreement is the most widely used model purchase agreement for the purchase and sale of homes. It is a model widely supported by various organizations. It has been adopted by Vereniging Eigen Huis, Consumentenbod, VastgoedPRO, VBO Makelaars and the NVM. In addition, the model contract is provided with an extensive explanation for consumers. There are several models, the most important of which are the model for the single-family house and the model for a apartment right. Another model that often recurs is the one used by the Amsterdam circle of notaries. However, that model is rare outside of Amsterdam.

Normal use, hidden defects and age clauses

One of the most important provisions in the NVM purchase agreement is the guarantee of normal use. In it, the seller guarantees that the immovable property is suitable for normal use as - for example - a house, canal house or apartment. If a defect subsequently exists that prevents this normal use, then there may be a question of non-conformity: a hidden defect thus. However, it often happens that a age clause in the purchase agreement. This precisely excludes the seller's liability for hidden defects due to age.

The attachments: questionnaire to NVM purchase agreement

The attachments to the purchase agreement are also very important. These complete the duty of disclosure of the seller to a large extent. An important part of this is the questionnaire accompanying the purchase agreement. In it, the seller states, among other things, which defects he is aware of and which he is not.

Penalty, notice of default and rescission in NVM purchase agreement

In case conflicts arise and one party fails to comply with the purchase agreement, there is an arrangement in the model that prescribes what should happen then. In short, there must be a formal notice be sent. If 8 days later there is still non-compliance, the other party can send the dissolve the sales contract or demand compliance. Then, moreover, the other party is a fine due.

Lawyer in property purchase dispute

Even though the NVM purchase agreement clearly stipulates who must do what, when and how, disputes can always arise when buying or selling a home. Usually this is because the facts differ from what is stated in the purchase agreement, or because one party does not comply or does not comply on time. Should you run into this, contact the specialized real estate lawyers at Lexys Lawyers in time to help you take the right steps.