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ARTICLE · 21 JANUARY 2025

Judge Must Increasingly Rule On Real Estate Broker's Liability

In real estate sales transactions, things can sometimes go wrong. More frequently the Dutch courts have to get involved.

NetherlandsReal Estate and Construction
Mark Van Weeren
Mark Van Weeren

In real estate sales transactions, things can sometimes go wrong. More frequently the Dutch courts have to get involved. In this blog, I provide a brief anthology of some 2024 rulings on broker liability. The person who buys a property may generally expect the property to be suitable for normal use. Whether that expectation is justified depends, among other things, on what has been communicated to him by the seller (and his broker) and what he himself could have seen or investigated. This is a complex legal test which is regulated in Article 7:17 of the Civil Code, about which there is a lot of jurisprudence and of which all circumstances of the case are important for the assessment.

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