▶ Case Summary
– City: Amsterdam, Nieuw-West area
– Transaction Date: A purchase agreement was signed on February 16, 2024, for €470,000.
– Scheduled Transfer Date: Agreed upon as June 3, 2024.

▶ Transaction Process and Problems

• The seller subsequently requested a postponement of the transfer date, altering the contract terms.
• The buyer refused the postponement request. The seller failed to appear at the notary’s office.
• The buyer filed an urgent lawsuit, resulting in a court order for the seller’s eviction (eviction carried out on August 1).

▶ Additional Costs and Penalty Calculation

• Additional costs incurred by the buyer:
  • Temporary accommodation costs, moving expenses, storage fees
  • Lock replacement and repair of a malfunctioning heating system, etc.
  • Total estimated additional losses: approximately €22,000.
• Penalty calculation method:
  • 0.3% of the purchase price was levied for 49 days, totaling €69,000.
• According to the court ruling, the seller also bears €5,500 in legal fees.

▶ Seller’s Claims and Court’s Decision

• Seller’s claims:
  • Claimed to have signed the purchase agreement due to undue influence from family members.
  • Claimed a lack of understanding of the contract due to old age and difficulty communicating in Dutch.
• Court’s decision:
  • Emphasized that the penalty clause in the contract was a legally binding clause to encourage compliance.
  • Highlighted that if the seller did not fully understand the contract, they should have sought professional assistance.

▶ Implications of This Ruling

• Necessity of reading contracts and seeking sufficient legal advice:
  → A lesson that contracts should be fully understood before signing.
• Legal validity of penalty clauses:
  → Parties involved in transactions should recognize penalty clauses as essential elements of contracts,
  → and clearly understand the cost implications of contract breaches.
• Responsibility for completing transactions:
  → Reinforces the importance of adhering to transaction schedules and maintaining clear communication.

▶ Conclusion
This case highlights the importance of carefully reviewing contract clauses in real estate transactions and seeking professional help if any part is unclear. Both sellers and buyers should carefully review contract terms to minimize potential disadvantages in transactions.

Keywords: Amsterdam, real estate purchase, penalty clause, court ruling, transaction delay, additional costs, contract understanding, legal advice

*Source URL:
https://nltimes.nl/2025/02/17/amsterdam-homeowner-fined-eu69000-changing-mind-sale