Is my mortgage advisor negligent?

Questioner

In November 2011 we had a mortgage advisor come to transfer our mortgage and extend it for a renovation. This was requested in December with the current mortgage provider. He said it could take a while. Then he responded in early February that he had had little time because his mother-in-law had passed away on 1 January and he had been able to work less in January. But we had to have a valuation report of the house made quickly. This was there a week later. On 27 February I emailed him to ask if the quotation request should be extended because it would probably expire in early March. I did not receive a response and called. He was celebrating carnival but it would be fine. Now it turns out in early March that the application for the extension of the mortgage was rejected because of too few years as a self-employed person. This is possible. But then we wanted to convert the current mortgage at a lower interest rate for 20 years. But this is no longer possible because the offer has expired. We can transfer but this will cost us more than 200 euros gross per month because the interest has increased. Can we hold the mortgage advisor liable for this? Or is this a risk we take ourselves?

Lawyer

The reasons the contractor mentions of celebrating carnival and a death do not constitute an appeal to force majeure; he should therefore have continued to do his best to represent your interests, including financially. Especially now that you have indicated the need for an extension. That must have been contractually possible with the bank. The terms used are precisely for the interest rate differences. I think that you could hold this advisor liable for the damage that has occurred due to his slow performance. Perhaps I can help you with this, please contact me via info@rechtinjestad.nl