Liability in the sale of a home | Rechtswinkel.nl

Questioner

After agreeing on the purchase price of a house, the selling party wants to waive liability (hidden defects). Is that allowed? Kind regards, M.

Lawyer

After there is complete agreement on all essentials of the purchase agreement, no more provisions may be changed. with agreement on the price, there is still no agreement on all essentials of the agreement and in addition, the law stipulates that a purchase agreement for a house must be in writing, so that there is no agreement yet, as long as it is not recorded in writing. As long as there is no (written) purchase agreement, provisions may still be changed and an agreement will only be concluded if the parties agree on all parts.

Questioner

Thank you very much for your prompt response. The question remains whether the selling party actually assumes its legal liability avoided by deleting this paragraph in the preliminary purchase contract.

Lawyer

The selling party can limit its liabilities. For example, an age clause prevents the buyer from claiming compensation for certain defects that are the result of the age of the home. However, if the seller is aware of certain defects but deliberately does not disclose them and it later turns out that the seller was aware of these (hidden) defects, the buyer can hold the seller liable for them.