ECLI:NL:RBLIM:2014:11331 ECLI:NL:RBLIM:2014:11331 AI generated

Court orders termination of brokerage contract and damages for breach of duty to provide accurate property information.

Case Number ECLI:NL:RBLIM:2014:11331

Court / Authority Rechtbank Limburg

Jurisdiction

Netherlands (NL)

Decision Date 2014-12-24

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

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The court ruled that the defendants breached their brokerage agreement by failing to disclose critical defects in the property, specifically the cramped crawl space. While the plaintiff's claim for rental replacement costs was rejected due to lack of evidence regarding actual rental rates and duration, the court awarded damages for the property inspection and brokerage fees. Consequently, the contract was terminated, and the defendants were ordered to pay the plaintiff approximately €32,764 plus legal costs.

Legislator headnote

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Art. 6:162 BW; Art. 6:271 BW: Where a broker fails to disclose material defects known to them, the client may terminate the agreement and claim damages for reliance losses and reasonable costs incurred.

Keywords

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breach of contract brokerage agreement material defect disclosure termination of contract damages for reliance property inspection costs joint and several liability