Legal Advice on Financing Problems

Questioner

Dear Sir/Madam, We made an appointment with one of the Netherlands' most well-known banks for financing our future home. This appointment was made with a financial advisor and their manager, and these agreements were confirmed to us in writing and recorded in their system. There were two conditions for financing: -apartment in Amsterdam for sale -pay off current student debt with equity Following these agreements, we sold our apartment, which expires on April 1st. We'll then pay off our student loan in full on April 3rd, and then we should receive financing as agreed. We also purchased a new home, which expires on August 3rd, so we have plenty of time to arrange everything properly regarding the terms and conditions and financing. Meanwhile, our financial advisor has changed roles, and we've been assigned a different one. Since we immediately felt that this new advisor wasn't fully committed to the agreements made with the previous one, we politely requested a new advisor. From that moment on, this advisor brought in another manager, unknown to us, who suddenly told us that they were not going to finance us and that all agreements made were cancelled. They're suddenly bringing up all sorts of reasons for rejection that were already known to our previous advisor, and despite that, he was still willing to finance us. Furthermore, they're now bringing up a statement we made in November that seriously raises doubts about our payment ethics. However, these things weren't mentioned until we requested a different advisor. In fact, the newly assigned advisor even recalled the agreements and conditions in his last email, stating that these were final. So there's clearly anger because we asked for a different advisor. And now they're using every means to reject our financing because they disagree with the previous financial advisor's decision. This is causing us a lot of stress. We sold an apartment unnecessarily (it was rented out and we had monthly income from it) and bought a new house. Is this just possible, because we made clear agreements, we initiated everything based on these agreements, and now, without anything actually changing as a result of the agreements, we are being rejected without valid reasons or for reasons already known to the previous advisor? We would like to hear what we can do about this?

Questioner

If the first advisor has made agreements with you and the second advisor has confirmed them, it is unreasonable for those agreements to be broken, especially considering you've purchased a new home. The advisors have a duty of care, which means that in addition to providing information, they must also hold you to the agreements. A formal complaint must first be filed against the bank, explicitly demanding that the agreements be honored and that any resulting damages be borne by them. For more information or further assistance, you can also contact me directly. Click the direct button next to this answer.