As an experienced and certified purchase estate agent in #amsterdam , I’ve helped many expats find their dream homes. In my opinion, buying a new home should be a joyful and stress free occasion. However, what if you encounter defects in your recently purchased property? Let’s dive into it.

Under Dutch housing law, the purchase and sale of a residential home require a written agreement called the purchase- and sales agreement. This agreement covers essential aspects like price, conditions, finance clauses, and property information. It can be a standard NVM agreement, an so called Amsterdam’s Model like we use in Amsterdam, or a custom agreement, as long as it complies with Dutch law.

The language in the purchase and sales agreement is key to making sure your rights are protected. As your purchase agent, my job is to guide you through the deal and make sure all the paperwork is in order. However, when it comes to any undisclosed or unexpected defects that may come up after the sale, those are typically matters between the seller, buyer, and third parties like the valuator or inspector. I’m here to support you through the process, but those specific issues fall outside my role.

When buying an existing home with previous occupants, the moment of ownership transfer is key to addressing any defects. As the owner, you take responsibility for the property. Older properties may have natural wear and tear that isn’t anyone’s fault. For example, you might encounter leakage or a sagging floor after a few months.

The purchase and sales contract often states that the previous owner can’t be held responsible for such age-related issues. If you face significant issues that impede your use of the property, legal action may be an option, but it’s important to understand your rights and obligations first.

Seller’s obligation: Disclosure

The seller is legally obligated to disclose important information about the property, including its condition and the surrounding environment. Failure to disclose hidden defects or issues that impact the property’s residential use may be a breach of contract.

Buyer’s obligation: Examination

Buyers are responsible for conducting a reasonable examination of the property. This determines what they could have reasonably known based on legal standards. If a defect is clearly visible or discoverable during examination, it becomes challenging to argue it as a breach of contract. The extent of investigation required depends on the property’s age.

When can the contract be breached?

To determine if a defect qualifies as a breach of contract, consider three factors:

  1. what is specified in the purchase and sales agreement
  2. whether the defect is essential to the deal
  3. what is considered reasonable under Dutch Law

A defect must significantly impact your ability to use the property or have played a crucial role in your decision to purchase.

If you encounter problems after you became the owner, contact your purchase agent for assistance. If you bought the property without an agent, consult a real estate lawyer for guidance. It’s a good idea to try negotiating to resolve property defect disputes.

Different rules apply when purchasing newly built houses!

Getting a professional structural inspection and report is often a wise investment if you need to hold the seller accountable later on for major defects. Sometimes this is not needed, if we have recent knowleadge and recent data on the property.

Are you in the process of searching for a home to buy?

To navigate this competitive market, it’s advisable to work with a certified and experienced real estate agent like myself. I’ll examine the agreement, inspect the property for visable defects myself, and address financing or architectural concerns if necessary. I understand that the information provided in this article may be overwhelming. Feel free to reach out to me for a chat. We can discuss the possibilities of working together and explore how I can assist you in your home buying journey.