Non-conformity
Non-conformity: what is it actually?
When you buy a home, you as a buyer have an obligation to investigate. Below we explain what this means for you as a buyer.
Non-conformity
When you buy a home, you can assume that the home has the properties required for normal use. Isn't this the case? Then there is non-conformity (Article 7:17 of the Dutch Civil Code). What is meant by normal use? Normal use means that the home can be lived in normally, safely and with a reasonable degree of sustainability, without the enjoyment of living being significantly affected. Liability does not apply to defects that were visible in advance or that were stated by the seller. Isn't this the case? In principle, then there is non-conformity and the buyer is entitled to have the defects repaired or the purchase agreement can even be terminated.
Did you know that... as a buyer you also have an obligation?!
Investigation obligation of the buyer of the home
The buyer has an obligation to investigate when purchasing a home. The seller cannot be held responsible for any defect found. Liability does not apply to defects that were visible in advance or that come to light during thorough investigation. And how do you do that? From ECHT Makelaars & Taxateurs we recommend having a structural inspection (also called a construction inspection) carried out. This allows you to investigate the maintenance situation of the home and you will not be faced with any surprises afterwards.
In addition, it is wise to conduct research into the public law burdens and restrictions. Such an investigation is primarily the buyer's responsibility. This means: the burdens and restrictions that are linked to the object by a government, in most cases the municipality. Consider, for example, a 'future' change to the zoning plan or a notification for the foundation.
Duty of disclosure or information obligation of the seller
Does a seller also have obligations? Of course! A seller has the obligation to report known defects. We call this the obligation to notify or information.
Moreover, if the seller was not aware of a defect, the buyer can still rely on non-conformity if the home is therefore not suitable for normal use.
Our advice
We always recommend using a purchasing agent when purchasing a home. A purchasing agent is aware of any (construction) plans in the area. In addition, it is wise to have a structural inspection carried out, so that you know exactly what you are buying.
Would you also like to buy a home in Alkmaar or in the region?
Contact us on 072-20 131 20 or by email info@echtmakelaar.nl
This BLOG was written in collaboration with:
Vision Lawyers
