Contract Law

Does mediation clause prevent initiation of litigation? The Supreme Court ruled yesterday on the question of whether a mediation clause in an agreement obliges parties to actually try mediation first, before initiating litigation. According to the Supreme Court, mediation may indeed be mandatory. This may result in the judge before whom a...

When you enter into a purchase agreement for real estate, it almost always includes a penalty clause. Whether or not you can successfully invoke it, or to what extent such an appeal is possible, depends on the wording of the penalty clause. This is again evident from a fairly...

Requirement in writing when buying real estate: this you need to know When buying real estate, there is sometimes a requirement that the purchase must be in writing. A verbal agreement is then not sufficient. This is the case when a consumer buys a home. Outside of those cases, it usually applies that the purchase is also verbally...

Café Hesp and Grolsch stechelen over contract takeover, this is what the judge found The owners of the 135-year-old Amsterdam café Hesp have sued beer brewer Grolsch. The dispute concerned a bonus of more than €40,000. Hesp, recently taken over by the owners of the also Amsterdam café De Ysbreker, felt they were entitled to...

Tenant has arrears of more than 3 months, nevertheless no dissolution... The tenant of a property owned by housing corporation Stichting Goed Wonen in Gemert has allowed arrears in rent payments of almost 7 months to accumulate. Goed Wonen therefore went to the subdistrict court and claimed dissolution of the lease. The subdistrict court rejected the...

Neighbors turn out to be tenants and not buyers: grounds for rescission of purchase agreement? The buyer of a luxury penthouse in Capelle in den IJssel is angry with the developer of the project. This is because the brochure stated that he would be buying an apartment in a building with exclusively owner-occupied apartments. However, the developer (Van Wijnen) cancelled 65 of the...