Claim your damages from the notary - Legal Aid

Questioner

When selling my home, the property rights were settled with the buyer via the Repayment Note drawn up by the notary. It later turned out that the notary had included the water board charges for too low an amount, which caused me as the seller to be financially disadvantaged. I asked the notary's office to reimburse me for the amount that was too little, but they said that this was not possible because drawing up the settlements is a service and not an obligation of the notary's office. I then submitted the claim to the buyer, but they did not respond. My question is, to whom should I submit the claim for the water board charges that were too little received?

Lawyer

It is the notary office that has drawn up the final invoice. If they have done so to your detriment, they are liable for damages. you can hold them liable

Lawyer

In principle, you can also turn to the buyer, although this is more difficult to achieve. It is also possible that the notary made a mistake during the passing (while the correct amount was passed on), which means that he must proceed to repair it. The notary can then be held liable.

Lawyer

Check the exact wording on this point in the deed of transfer. Often the final assessments are not yet known at the time of passing and the settlement is based on an estimate or the assessment of the previous year. It is important whether the deed of transfer states what the arrangement is if the final assessment is imposed. It may be stated that no further settlement will take place or that the parties will settle this among themselves (without the intervention of the notary).