Court dismisses buyer's claim of mistake regarding rental permit status in property sale contract.
Netherlands (NL)
Legislator summary
AI generatedThe court dismissed PS Investments' claims alleging mistake and non-performance regarding a rental permit in a property sale. The buyer argued they relied on incorrect information about the permit's transferability, while sellers claimed they had no knowledge of its invalidity. The court ruled that the buyer knew the permit could not be transferred and thus could not have been mistaken about the illegal rental situation, leading to a rejection of all claims and an award of costs.
Legislator headnote
AI generatedArt. 6:228 lid 1 BW; Art. 6:74 BW: A contract induced by mistake is voidable only if the misled party could reasonably rely on the other party's information, which must be accurate; if the misled party knew the legal status was untransferable, they cannot claim mistake regarding the resulting illegality.