Free Defects Check

The Legal Framework

The assessment of your situation is based on the legal framework for hidden defects in the purchase of real property:

• Art. 7:17 DCC (non-conformity) — The delivered item must conform to the agreement. A property that is not suitable for normal use contains a defect within the meaning of this article. The buyer may expect the property to possess the qualities necessary for normal use.
• Art. 7:23 DCC (duty to complain) — The buyer must notify the seller of the defect within a reasonable time after discovery. For real property, the rule of thumb is that a complaint must be made within two months of discovery. Failure to do so may result in forfeiture of rights.
• Art. 6.1 and 6.3 NVM purchase agreement (guarantee of normal use) — The standard NVM purchase agreement contains a guarantee that the property is suitable for normal use. This provides the buyer with an independent basis in addition to the statutory non-conformity provisions.
• The seller's duty to disclose prevails over the buyer's duty to investigate — According to established case law of the Dutch Supreme Court, the seller's duty to disclose outweighs the buyer's duty to investigate. A seller who conceals a defect cannot invoke the buyer's failure to investigate.
• Age clause: Haviltex interpretation — The scope of an age clause is assessed on the basis of the Haviltex criterion. The clause does not apply to renovated parts or defects unrelated to the age of the property (Court of Appeal Arnhem-Leeuwarden 2017).

In the case of mistake (Art. 6:228 DCC), the purchase agreement may be annulled or modified if the buyer would not have entered into the agreement, or not on the same terms, had they been correctly informed.