Contract Law

Business owners are often required to stand as a private guarantor for a debt owed by their company. Whether it is a limited liability company or a partnership, a bank or other lender wants to have certainty that its claim will be paid. A private guarantor from the director-owner provides that security to some extent. That...

If the broker makes a false offer and the other party agrees, does a purchase agreement come into existence? The answer to that question is not black and white. It depends on whether the broker had power of representation. This has been the subject of much litigation. Quite simply, it depends on whether the broker was merely a...

Most disputes in a partnership or general partnership (VOF) are about money. This often occurs when the partnership ends and final settlement must be discussed. Another source for discussion is whether profits and losses should be divided equally, or whether that division should be pro rata...

Last summer, the Zeeland-West Brabant District Court (ECLI:NL:RBZWB:2025:4871) ruled on a dispute in a partnership. Two partners had resigned. The remaining partners then drew up a final settlement. According to them, the exiting partners still had to pay a substantial amount to the partnership. This is because they are not only entitled to a share of the profits, but must also...

Peter Gillis' Oostappen Group must pay damages to the buyer of a chalet. This was decided by the East Brabant District Court (ECLI:NL:RBOBR:2025:5727) on September 11, 2025. According to the buyer, the operator of Vacation Park Prinsenmeer (which is the Oostappen Group) had violated its duty of disclosure to the buyer of a chalet. That buyer, a former tenant, claimed damages....

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 that they can be sold and lived in again. Consequently, this is happening a lot. But even with those renovated homes, one often encounters hidden defects. Given the aging clause included in...