Real Estate Law

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...

On February 25, 2025, the Arnhem-Leeuwarden Court of Appeal (ECLI:NL:GHARL:2025:1071) ruled on a dispute resolution provision in the division regulations of a VvE. An apartment owner came into conflict with the VvE over renovations to her home. The VvE went to the subdistrict court. In itself nothing out of the ordinary, were it not for the fact that in the subdivision deed of the apartment complex there is a...

The Amsterdam District Court has overturned a number of VvE resolutions because the meeting took place in the wrong municipality. This follows from a judgment published yesterday (ECLI:NL:RBAMS:2025:4860). The VvE's subdivision deed states that meetings must be held in the municipality in which the building stands. However, the administrator of the VvE did not comply with that...

Three blogs have already appeared on this website about the recent judgment of the District Court of North Holland (ECLI:NL:RBNHO:2025:6641). The first blog was about the dissolution of the purchase agreement due to severe flooding. The buyer successfully dissolved the purchase agreement on the grounds of non-conformity. The second blog was about the enforceability of the judgment. More specifically, it was about...

Dissolution of purchase agreement not provisionally enforceable, now what? In a recent ruling, the North Holland District Court (ECLI:NL:RBNHO:2025:6641) ruled in favor of the buyers of a leaking apartment. They were justified in rescinding the contract of sale of the apartment due to non-conformity, the court ruled. In addition, the seller must compensate the buyers' damages. Despite the positive verdict,...

Severe flooding leads to dissolution of purchase agreement The District Court of Noord-Holland (ECLI:NL:RBNHO:2025:6641) earlier this month dissolved the purchase agreement of a house in Bloemendaal due to severe flooding in the basement. The leakage was such that the house could not be used normally. The buyers, an elderly couple of 76 and 86 years old) dissolved the purchase agreement because of that...