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Commercial. A Deal’s a Deal

On 15 December 2023 the Dutch Supreme Court ruled that a consumer agreement on the sale of a plot of land designated for housing (verkoop van een perceel grond met bestemming “wonen”) is not subject to the statutory requirement that agreements for residential sales to consumers must be made in writing, and that also the 3-day reflection period for consumers does not apply.
Of course, consumer safeguards and rulings on that subject leave unaffected (oral) understandings between professional parties as well as any written or oral preconditions previously agreed amongst them. For consumers, it should also be noted that this recent Supreme Court ruling leaves intact that the subsequent legal transfer (juridische overdracht) of real-estate – including plots of land designed for housing – between any party always requires a written notarial deed and the entry into the land registry.