Legal Assistance with Termination of Purchase Contract
Questioner
On September 9th I signed a preliminary purchase contract for an apartment. On October 14th I received an invitation from the notary to sign the deed of transfer on Thursday October 20th 2016. I requested a final inspection, whereby the selling broker proposed this on Wednesday October 19th at 15:30. On October 16, I accidentally discovered that the heating and hot water facilities were not yet in order or finished in the apartment. Neither the seller, selling broker nor notary had informed me of this. The apartment was offered with all these facilities. I informed the parties concerned by registered letter that the inspection and signing of the deed of delivery cannot proceed if the facilities mentioned have not yet been taken care of. On October 20th, I was informed by the notary that the Nuon units for the provision were hung and that the finishing of this would take place in the weekend. Then on Monday, October 24th, digging will take place in the street in question with regard to the connection to district heating. The above as an introduction to my question. Have I been put in default by the seller, broker and notary by not reporting the aforementioned matters to me? Is the seller not obliged to inform the buyer of circumstances that are relevant to the purchase? The deed of delivery will be executed no later than 1 November. Can I cancel the purchase if the seller cannot deliver after this date because the heating and hot water facilities are not yet ready?Lawyer
As of the date of transfer of ownership, the home must meet what you as a buyer may expect from a home, including working heating and hot water. If the seller cannot deliver the home to you without defects as of the date of transfer of ownership, you can put the seller in default; your purchase agreement will state how you must put the seller in default. The notice of default must state a term (which term is usually also stated in the purchase agreement) within which the seller can still comply. If the seller does not comply, you can terminate the purchase agreement (provided that the defect is so great that it justifies termination) or you can still demand compliance with the court. In both cases, you can claim damages and often also a contractual penalty. I do not read in your question that your registered letter is also clearly formulated as a notice of default, but I do not rule out that this is the case. In order to be able to assess this, I will need to have both the purchase agreement and a copy of your letter. You can contact me via the direct contact option of rechtwinkel.nlQuestioner
Thank you for your response. The preliminary purchase agreement states that the building and the unit of use are currently (date of signing was 9 September) connected to the public water, electricity and sewer lines. The seller guarantees that he has provided the buyer with all the information that should be brought to the buyer's attention. This has not been the case. Can I and am I within my rights if I want to cancel the purchase?Lawyer
In order to be able to answer your question, I need to have the entire text of the preliminary purchase agreement and your registered letter. It is certain that there is/was a defect, but whether this can lead to dissolution also depends on whether there was a correct form of notice of default as well as on the question of whether the defect is such that it justifies the dissolution of the entire purchase agreement.Neem de volgende stap
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