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The NVM purchase agreement is often used when buying or selling a home. This contains a penalty clause. This is also the case in the Amsterdam model sales contract. In case one of the parties fails to comply with the purchase contract, the other party forfeits a penalty. Often that 10% of the...

For the seller of a home, an age clause can provide important protection against liability for hidden defects. For the buyer, on the other hand, it is often a trap. The buyer must be aware of the existence of the age clause in the purchase contract and its consequences. For example, the existence of the age clause can affect...

The division deed of an owners' association (VvE) usually uses one of the model regulations. These contain a collection of standard rules for the management and use of the apartment complex. The model regulations are used as the basis for the VvE's division deed. Among other things, the subdivision deed determines what is common and private within the...

In a ruling last Tuesday (ECLI:NL:GHDHA:2025:2012), the Court of Appeal of The Hague determined that the board of a small Owners' Association (VvE) was rightly dismissed. In doing so, the Court also granted substitute authorization to appoint a new board. But is that even possible? The Court of Appeal itself seems to think so....

It is often said that illegally obtained evidence may not be used in a lawsuit. However, this is not true. In criminal law, this is often indeed the case, but in civil court you may, in principle, use anything as evidence. Even if the evidence is illegally obtained. Still, some caution is warranted. Trial lawyer ...

In a ruling in late 2024, the Court of Appeal of The Hague (ECLI:NL:GHDHA:2024:2205) ruled on the correctness of a first instance order of the subdistrict court. In that ruling (ECLI:NL:RBROT:2022:11370), the subdistrict court granted a substitute authorization to install a roof structure. The court drew a line under this plan: a substitute authorization can conveniently...