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Didn’t suffer any loss? A judge may reduce the contractual penalty! Real estate purchase agreements typically include a penalty clause stipulating that a party that fails to fulfill the terms of the purchase agreement (even after being given notice of default) is liable to pay a penalty equal to 10% of the purchase price. This is always the case when…

Can a replacement authorization be obtained after work has been completed in a homeowners’ association? An apartment owner who has work performed on the common areas without the homeowners’ association’s permission runs the risk of having to bear the costs personally. Under certain circumstances, however, it is possible to obtain retroactive authorization and recover the costs from the homeowners’ association. Conner…

Homeowners’ Association Loses Preliminary Injunction Case Against Restaurant Over Charcoal Grill The homeowners’ association of one of the Symphony towers in Amsterdam’s Zuidas district has lost a preliminary injunction case against the operator of a Spanish grill restaurant located on the ground floor of the tower. This is evident from a ruling published yesterday (ECLI:NL:RBAMS:2026:7511). The owner of the apartment in which the restaurant La Mesa is located…

This is when you are entitled to reimbursement of your full legal costs. If you win a lawsuit and the opposing party is ordered to pay your legal costs, this is usually a flat rate. This means that you will not be reimbursed for your full legal costs, but rather a predetermined amount based on the value of the dispute and…

The right of retention is one of the strongest rights a contractor has when dealing with a defaulting payer. Incidentally, the right of retention applies not only to contractors but also to other creditors, such as hotel owners, freight forwarders, carriers, and leaseholders. Auto repair shops can also exercise the right of retention, for example, on a car they have just repaired. What does the right of retention entail…

Support claim based on (old) financial statements: is it possible? When a business relation leaves your invoices unpaid, there are several ways to collect your money. In addition to conducting proceedings on the merits or levying an attachment, filing for the debtor's bankruptcy can be an extremely effective means of collection. The pressure of an impending...