{"product_id":"vragen-56806-wij-waren-op-zoek-naar-een-huis-in-utrecht-na-enige-tijd-zoeken-kwamen-we-bij-een-huis-wat-voor-on","title":"Legal assistance with home purchase | Legal aid","description":"\u003ch4\u003eQuestioner\u003c\/h4\u003e\n\n We were looking for a house in Utrecht. After searching for a while, we found a house that was perfect for us. Everything seemed to be right and so we signed the preliminary purchase contract on July 11, 2017. The selling party had already signed the contract on June 29, 2017. We wanted to wait for the results of the valuation and the building report first. These had arrived and were also correct.\n After signing we discovered that the CV boiler ultimately does include a lease contract. This is not stated in the purchase agreement. Under the heading 'Actual delivery, transfer of claims' it is discussed whether there are rental, lease or hire purchase contracts on the house and this is answered with: N\/A. Funda also states that the boiler is the property of the seller.  \nThe lease contract for the central heating boiler will continue for another 4.5 years for approximately €30 per month. This amounts to approximately €1700 and in 4.5 years I will still have to buy a new boiler because this one will be removed when the contract expires.\n The seller did indicate in the questionnaire that it concerns a CV boiler with a lease contract. The information was incorrectly copied by the sales agent.\n To what extent can I recover costs from the seller or selling agent?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n First of all, it is important that the statutory cooling-off period has not yet expired. You can cancel the purchase up to 3 days after you have received the signed purchase contract.\n \nThe seller has sold the boiler to you because there is no reservation in the purchase contract, so he must deliver the boiler to you free of lease obligations. The seller must buy out the lease contract himself and provide proof of this at the latest upon delivery. The communication error between the broker and the seller is something between the two of them, you are not involved in it.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your answer. The lease contract notification was filled in on the accompanying questionnaire, but not on the Funda website. Ultimately, it was also not mentioned in the purchase agreement. The sales agent indicates that the questionnaire is part of the purchase agreement and therefore legally valid. They indicate that they have a strong position with this. Is this correct? However, we suspected that it was a lease contract, but we did not see this in the purchase agreement.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThe purchase agreement prevails, it states that there are no lease contracts. In the most commonly used models (NVM\/VBO) this is stated in article 7. The standard provisions of this model do not include a reference to the questionnaire, it is possible that the broker in question has included this as a special provision, but that is not common. If this is not the case, you can hold the seller to the purchase agreement.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n This concerns a purchase agreement for an apartment from a VBO broker.\n\n The sales agent states the following:\n\n Article 22: Attachments\n The following appendices are attached to this purchase agreement:\n - Explanation of the purchase agreement for the consumer.\n - List of items\n - Questionnaire for selling an apartment\n - Acknowledgement of receipt\n - Deed of division\n\n However, in Article 7.1: Actual delivery, Transfer of claims the following is stated:  \nThe actual delivery and acceptance will take place at the time of signing the deed of delivery as set out in Article 4.1, unless another time has been agreed between the seller and the buyer, free from rental, lease and\/or hire purchase agreements with the exception of the following agreements which are honoured by the buyer: N\/A\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n See for this, purchase agreement prevails\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55005646258525,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-56806-wij-waren-op-zoek-naar-een-huis-in-utrecht-na-enige-tijd-zoeken-kwamen-we-bij-een-huis-wat-voor-on","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}