Foundation repair of a shared wall: who has to pay?
The foundation under a shared structural wall carries two buildings, and Section 5:65 DCC makes both owners pay for its renewal. Whether that bill stands…
Damage to the neighbouring building: careful work is not always enough
Damage from building and conversion work A building starts to crack while a basement is being sunk into the ground next door. The shop window…
Age clause in a Dutch house purchase: when does the seller's defence succeed?
Two buyers of an old Dutch house, two age clauses, opposite outcomes. Who has to prove what, and how the duty of disclosure and the…
Damage before completion: who may sue the party responsible?
A standard clause in the common Dutch models for the deed of transfer assigns all claims against third parties to the buyer. An owner whose…
Betterment and repair costs: when may a seller refuse to pay part of the bill?
Sellers and contractors often invoke a deduction for betterment. What matters is whether the repair extends the useful life, and the deduction is fixed head…
Contractor bankrupt: when is the director personally liable?
A client who paid a contractor in advance looks to the director personally. First whether anything is recoverable, then three hurdles: contracting party, reproach and…
Hidden defects after buying a Dutch home: from suspicion to summons
Where a defect surfaces only after completion, the procedure often decides the case rather than the defect. When does the seller bear the repair costs,…