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When you are selling a house, a private buyer is given a three-day cooling-off period under the law. It is increasingly common for sellers to stipulate a cooling-off period. Is this allowed? In this blog we look at the rules surrounding the cooling-off period and discuss a recent judgment of the District Court of Overijssel … Continued

You finally bought your dream house, but soon the house turns out to be more of a nightmare. It turns out to stink of fish and frying smells in the new house. You want to undo the purchase as soon as possible. What does the judge think of this case? Case A seller puts his … Continued

In 2013, a ruling of the European Court of Justice revealed that many penalty clauses in leases with private tenants are not valid because they are considered unreasonable under European law. However, the District Court of Amsterdam recently issued a nuanced judgment, ruling that if the landlord is also a private individual, there is not … Continued

Huurders van middenstandsbedrijfsruimte (7:290 BW) genieten meer huurbescherming dan huurders van overige bedrijfsruimte zoals kantoorruimte (7:230a BW). Het idee daarachter is dat een winkel- of horecagelegenheid doorgaans meer waarde hecht aan de specifieke locatie voor bijvoorbeeld bekendheid bij het publiek. In principe kan er in de huurovereenkomst ook niet worden afgeweken van deze huurbescherming, tenzij … Continued

Earlier in this blog we discussed when you, as a resident of Amsterdam, may or may not rent (parts of) a house to tourists. Breaching the rules already resulted in a hefty fine of €13,500 under the Housing Act. This fine has recently been increased to €20,500. In addition, in the event of a subsequent … Continued

An offer is sufficiently determinable when the determination of the commitments undertaken by the parties can be made according to predetermined criteria. These criteria may contain a subjective element because the further determination may be entrusted to a third party or to one of the parties. This was recently the case in a Supreme Court … Continued