Can you cancel a purchase agreement?

Questioner

I am going to buy a house soon, the deed of sale has already been signed, the transfer still has to take place. From the cost overview that I received from the notary, it suddenly appears that the monthly service costs for the VVE are 40 euros higher than I was told and agreed in the deed of sale. Can the purchase be dissolved on this basis? What about the costs for, for example, the new kitchen that has already been ordered? And the costs for the valuation report and such? Will I lose those anyway?

Lawyer

The law provides the possibility to annul an agreement if - in this case - the seller provides incorrect information. However, annulment is nevertheless not possible if the seller did not have to take into account that the VvE contribution was (partly) decisive for you in whether or not to purchase the house. In order to be able to make a statement about this, I would need an indication of the stated and the actual VvE contribution.

Lawyer

In a very recent ruling of 2 March 2016, the Noord-Holland court annulled a purchase agreement due to error, because a lower amount of service costs had been stated at the time of purchase. An appeal to annul the purchase is therefore possible in your case. An appeal to error can also lead to the other party having to remedy the negative consequences of the error and you having to pay compensation for the higher service costs. It is wise to make your position regarding the amount of the service costs known to the other party before delivery. I am happy to assist you in this matter. Please feel free to contact me without obligation and free of charge.