Real Estate Law

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...

Common or private: when in doubt, the CoE decides. Or does it? The subdivision deed of the owners' association (VvE) determines what is common and what is private. In the model regulations used from 1972 to 2017, there is a provision on what to do if there is any doubt about it. If there is any doubt, the...

Apartment gets too hot, contractor liable? The buyers of an apartment are complaining to the Construction Arbitration Council (COA) that their recently completed apartment gets far too hot in the summer. At the COA, the client and the contractor are arguing about which standard applied to the construction. On several...

Indexing business premises rent by 14.5%: unreasonable or not? Due to the unprecedented high inflation in 2022, there is much discussion between tenants and landlords about the indexation of the rent of business space. Based on the widely used ROZ model lease agreement, many rents have been increased by 14.5% effective January 1, 2023. This is due to the...

Homeowners' association manager liable for damage caused to the homeowners' association In October 2023, the District Court of Rotterdam (ECLI:NL:RBROT:2023:10387) ruled that a homeowners' association manager is liable for damage caused by his actions. The manager of the homeowners' association is liable for breach of contract. In this case, it concerned the manager's obligation to...

Invitation to VvE meeting may be sent via e-mail The most recent model regulations for Owners' Associations (VvEs) - that is model regulations 2017 - contain the provision that invitations to the VvE meeting may also be sent via e-mail. The older model regulations do not contain that provision. There, only the text that invitations to the...