Appeal to old age clause in renovated home, is it possible?

In today's tight housing market, it is more important than ever to refurbish old homes so they can be sold and lived in again. Consequently, that happens a lot. But even those renovated homes often encounter hidden defects. Given the age clause included in purchase agreements with respect to old homes, the question therefore arises to what extent a reliance on it - in the case of a renovated home - is tenable. In this blog, we explain to you what that is like.

This is what you need to know about the aging clause

Defects in a purchased home

In most home purchase contracts, it states that the seller warrants that the home possesses the characteristics necessary for its normal use. They also imply that the seller cannot be held liable for defects that do not impair the normal use of the home. If the defects are such that normal use of the home is not possible, then we are talking about non-conformity. Non-conformity can occur in case of foundation defects, moisture penetration in the basement or in case of leaking roofs or rotting floor joists. With older homes, this poses a risk for sellers. They can be held liable after delivery for defects they did not know about, but which prevent the normal use of the house.

The ageing clause

Therefore, in old homes, a age clause included in the contract. The age clause means - in short - that the seller cannot be held liable for hidden defects in the home resulting from its age. Indeed, this provision alerts the buyer to the age of the home. Indeed, the home may no longer meet contemporary construction standards as a result. However, there is debate in case law about the scope of the ageing clause.

It can also get complicated if the property in question has been renovated. Does the age clause then only apply to the non-renovated parts, or also to the renovated parts. In other words: are defects in renovated areas the seller's responsibility, despite the age clause in the purchase contract?

Case law on age clause in renovated home

The Arnhem-Leeuwarden Court of Appeal on August 1, 2017 (ECLI:NL:GHARL:2017:6580) determined that, with respect to the renovated parts of an old home, the seller could not invoke the age clause. The Court considered the following:

“4.4 In this case, it is a renovated home over 40 years old. The renovation was partially done by the sellers. In the brochure and information list belonging to the sellers information, there are no statements about defects that affect normal use. What has been renovated, namely a new kitchen, bathroom, re-plastered walls and in the living room garden doors and solid wood floor (brochure), double glazed window frames, new ridge tiles, dormer and roof insulation (information list) is included. Based on this information, the court finds that [appellants] could expect that the renovated parts have been renewed, function properly, have no structural defects and do not require intensive maintenance in the short term.

(...)

 For the unrenovated parts, [appellants] may have the expectations appropriate to a 1970s home. Above all, [appellants] should not reasonably expect that the renovated home as shown above could be expected to meet the requirements of a home in new condition.‘

The Central Netherlands District Court ruled this on October 23, 2024 (ECLI:NL:RBMNE:2024:6495) repeated, citing the aforementioned judgment of the Arnhem-Leeuwarden Court of Appeal:

“4.15. This case involves a 1902 home that was renovated prior to the sale. The Funda advertisement states that the house has been ‘recently renovated. Of the parts named as renovated, [participant in the lawsuit I] may expect that these have been renewed, function properly, have no constructive defects and do not need intensive maintenance in the short term (see also the judgment of the Arnhem-Leeuwarden Court of Appeal 1 August 2017, ECLI:NL:GHARL:2017:6580). For the non-renovated parts, [litigant I] may have the expectations appropriate to the normal use of a house from 1902.’

And in March of this year, the District Court of The Hague (ECLI:NL:RBDHA:2025:5218) repeated:

“4.5. This case involves a 1996 home that was renovated prior to the sale. In this regard, [defendants] testified at the hearing that he explained by telephone prior to the sale that the home had been renovated. Further, the brochure provided to [plaintiff] stated that the home was ‘completely remodeled’ and ‘completely modernized’ in 2020/2021. The questionnaire stated that the renovation covered: ‘interior, exterior, installation, canopy garden, ring canal dam wall and garden’. Of the parts named as renovated, [plaintiff] may expect that they have been renewed, function properly, have no structural defects and do not require intensive maintenance in the short term (compare Court of Appeal Arnhem-Leeuwarden August 1, 2017, ECLI:NL:GHARL:2017:6580). For the unrenovated parts, [plaintiff] may have expectations appropriate to the normal use of a 1996 home.”

Conclusion on age clause renovated house

In short, a seller cannot usually invoke the age clause to avoid liability for defects in renovated parts of the property. It all depends, however, on the wording of the ageing clause and the expectations created in the buyer's mind regarding the renovated parts of the property. However, the age clause remains in force with regard to non-renovated parts of the property. Are you dealing with defects in a renovated home? Or does the home you have renovated and sold appear to contain defects? Then feel free to contact with us. The real estate law attorney of Lexys will be happy to advise you.