18 June 2025
Transfer of Risk in the Sale or Purchase of a Property
The sale or purchase of a property is a complex process involving legal elements.
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Real estate transactions take place every day and are typically recorded in a purchase agreement.
The content of this purchase agreement can be a source of misunderstandings. There may be discussions about defects in the plot and who is responsible for resolving them. In addition, there can be disagreements about easements, guarantees, discrepancies in area, etc. Problems related to real estate transactions are very common and are often quite complex.
Agreements which have been drawn up in purchase agreements and deeds of transfer are often the subject of disputes because parties may interpret the contractual provisions differently. In some cases the court has to be involved in order to analyse the agreements and decide what the parties can expect from each other when they conclude a purchase agreement. It is important to chose the correct legal direction immediately in these sorts of cases because if the case is approached incorrectly this can have significant consequences. Therefore it is important to ask for legal advice early in the process.
GMW lawyers will be happy to help you with all your real estate issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our real estate law lawyers will be glad to support and advise you.
GMW advocaten will be happy to help you. Do you have a question or want legal advice? Feel free to contact us.
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18 June 2025
Transfer of Risk in the Sale or Purchase of a Property
The sale or purchase of a property is a complex process involving legal elements.
Read more
21 May 2025
Fair sale of land by local authorities: Didam II clarifies the rules
In November 2024, the Dutch Supreme Court (Hoge Raad) provided further clarity on the sale of scarce land by public authorities. What does this mean for municipalities and market parties?
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23 April 2025
Neighbour, what are you doing?
A property owner or occupier may, in certain circumstances, be required to temporarily allow another person to use their home or land if this is necessary for work to be carried out on the other party’s property.
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16 April 2025
Termination of Tenancy Agreements
The termination of a contract is an important legal tool for ending an agreement. In this article, we take a closer look at the termination of tenancy agreements, as special statutory rules apply to rental contracts.
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10 February 2025
The role of housing associations in expanding the mid-market rental segment
Addressing the housing shortage in the Netherlands is a priority. To this end, the National Performance Agreements stipulate that housing associations must construct 50,000 mid-market rental homes by 2030.
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20 November 2024
Acquisitive Prescription and Property Boundaries
We regularly handle disputes concerning the acquisition of land through prescription.
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28 October 2024
The written requirement when buying a property
When a residential property is sold, this can be done verbally or in writing. If the parties agree on the so-called 'essentials' of the purchase, such as the price and the object, then they are in principle bound to the purchase. However, for a private buyer, there is a written requirement that stipulates that the buyer is only bound to the purchase when it is documented in writing.
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4 September 2024
What is the value of common property in a Homeowners Association?
It's not an uncommon situation: a member of the Homeowners Association (HOA) expands their garden or rooftop terrace beyond the boundaries of their private section and later asks the HOA to legalize this change.
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12 August 2024
Commonality of a shared wall
Commonality is often a point of discussion between neighbors: is the fence between two gardens common property? If so, can one neighbor then carry out maintenance or even completely replace the fence (partly) at the expense of the other neighbor?
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