Legal questions about a holiday home?
Questioner
The deed of delivery of our recreational home from 2003 contains an obligation to pay the advances of the energy to the manager. This is subject to a chain and penalty clause. For a long time, the manager systematically invoiced far too much for the energy, despite the fact that he was supposed to invoice this to us 1 on 1. This was a lawsuit and we won it. In the meantime, the VVE is also the contractor with the utility companies (after the manager himself had terminated the contracts) and we pay the advances to the VVE. This is going great. The deeds of delivery therefore no longer correspond to practice. A request is still pending with the court to have them adjusted. That will probably take a terribly long time again. We would like to sell our home and now have a buyer. We have accepted an offer at least. They are also aware that the deed is different from practice. We would like to deliver in the short term. Is there any way that can be done without them or us having problems and/or running risks?Lawyer
It seems that the 'chain' has in fact already been broken, so that you are no longer bound by it. However, that does not alter the fact that, as you write, the sale and transfer of ownership of your holiday home can be problematic if it is not legally established that no rights/obligations can be derived from the chain clause. You write that there is already a procedure underway to have the chain clause lifted. It is possible that if you actually sell and want to deliver, a provisional measure (a type of summary proceedings within an already ongoing procedure) can be taken in this procedure on the basis of which you can transfer without being bound by the chain clause.Neem de volgende stap
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