Amsterdam homeowner fined €69,000 for changing mind about sale
A former homeowner in Nieuw-West has been ordered to pay nearly 70,000 euros to the buyer after failing to comply with the terms of a signed sales contract. The woman claimed she did not understand the agreement, but the court dismissed her argument.
The property was sold on February 16, 2024, for 470,000 euros, with an agreed transfer date of June 3, 2024. In early May, the seller requested to delay the transfer, but the buyer refused. When the seller failed to appear at the notary’s office on the scheduled date, the buyer filed an emergency lawsuit. The court ruled in mid-July that the seller had to vacate the property, which was enforced on August 1.
Due to the delay, the buyer incurred additional costs, including temporary housing, moving expenses, and storage fees. The buyer also had to change the locks and repair a broken heating system. The total financial loss was estimated at 22,000 euros. The penalty for breaching the sales agreement amounted to 69,000 euros, calculated at 0.3 percent of the sale price per day for 49 days.
The former homeowner argued in court that she had been coerced into selling the property by a relative’s son-in-law. She stated that she was elderly, did not speak Dutch fluently, and was unaware of the legal consequences of failing to complete the sale. The court ruled that she should have sought professional assistance if she did not understand the contract.
The court emphasized that penalty clauses in real estate contracts serve as an incentive for compliance and are legally binding. It upheld the 69,000 euros fine but denied an additional 22,000 euros in damages, stating that penalty fees are intended to cover losses and prevent further disputes over actual damages. In addition to the fine, the seller must pay approximately 5,500 euros in legal costs.
