As a buyer, you may rely on clear information from the seller, but you cannot ignore every uncertainty. If you notice a possible problem, an answer is vague or important information is missing, you should ask further questions or arrange additional investigations before buying.
The duty to investigate is not a fixed checklist that is complete once you have ticked ten boxes. What counts as reasonable investigation depends on the home, what you see during the viewing, the documents you receive, what the seller tells you and the terms included in the purchase agreement.
What must the seller disclose, and what should you check?
The legal starting point is that the home must conform to the agreement. Relevant factors include the characteristics you were entitled to expect as the buyer, the statements made by the seller and any problems you knew about, or could reasonably have known about, when the agreement was concluded.
The seller must disclose relevant facts they know and understand, or should understand, that you need to know. This could include recurring leaks, known foundation problems or a defect that prevents normal use of the home. For the duty to disclose and the seller’s questionnaire, the main consideration is what the seller knew or should have known. This does not automatically mean that every unknown defect is your responsibility. Who bears the risk of a defect discovered later also depends on Article 7:17 of the Dutch Civil Code and the specific purchase agreement.
At the same time, you cannot remain passive if there is reason for doubt. If you see a damp patch under the roof, simply asking whether the roof is ‘fine’ is not enough. Ask when the leak occurred, what caused it, how it was repaired, who carried out the work and whether the problem has returned since. Also ask for invoices, photographs, reports or warranties.
There is therefore no simple rule that the duty to disclose or the duty to investigate always takes priority. In a dispute, all the circumstances are considered, including both parties’ knowledge, the answers provided and the terms of the purchase agreement. A seller who withholds relevant information they know cannot automatically defend themselves by saying that you should have investigated more thoroughly.
The seller’s questionnaire is a starting point, not a guarantee
The seller’s questionnaire is useful because it shows what the seller states about the home. The answers also help determine what you were entitled to expect. However, the questionnaire is not a complete guarantee that nothing is wrong.
A seller may not know about a defect. This risk is greater when the home is being sold as part of an estate, has been vacant for a long time or is being sold by someone who did not live there. Such a sale also often includes a non-occupancy clause.
When reading the questionnaire, pay particular attention to:
- answers such as ‘not known’ or ‘as far as is known’;
- questions that have not been answered or have only been answered partially;
- previous leaks, damage or repairs without further explanation;
- discrepancies between the questionnaire, sales brochure and viewing;
- alterations for which no permit, invoice or drawing is available;
- statements that are too general, such as ‘never had any problems’ or ‘the problem has been resolved’.
A vague answer does not prove that there is a defect. It does mean that you do not yet have a useful answer. Ask further questions in writing and assess whether supporting documents or an investigation are needed.
Which signs call for additional investigation?
Your investigation should cover more than the visible structural condition. Legal rights, rules on use and alterations can also determine whether the home is suitable for your plans.
Reasons to carry out additional investigation include:
- Structural signs: cracks, damp patches, a sloping floor, windows that do not close properly, damaged wood or recent repairs in specific areas.
- Water and drainage: a pump in the basement or crawl space, recurring sewage smells, subsidence or unclear information about leaks.
- Foundations and structure: visible subsidence, leaning, large cracks or available reports recommending further investigation.
- Alterations: an extension, roof terrace, removed wall or additional living space that does not match the drawings or permit information.
- Legal restrictions: leasehold (erfpacht), a right of way, shared use, perpetual clauses or neighbours’ rights.
- Specific uses: plans to rent out the home, run a business from home, divide the home into separate units or build a new extension.
If you have a specific use in mind, do not rely only on what the seller says. Also check deeds, permits and the rules that apply to the location. The Omgevingsloket allows you to review location-specific rules and possible permit requirements. To check registered easements, you may need the public registers and deeds held by the Kadaster.
When is a building inspection not enough?
A general building inspection provides a broad overview of the visible structural condition and expected repair costs. Such an inspection is generally visual and non-destructive. The inspector will not simply open up floors, ceilings or walls.
If there is a specific risk, a specialist follow-up investigation may be needed. This could include a foundation investigation, moisture or leak detection, a sewer inspection, asbestos survey, soil investigation or structural investigation. Match the investigation to the warning sign. For example, a standard inspection without a foundation investigation will not provide a definitive answer about a specific foundation risk.
Also read the inspector’s instructions and exclusions. An inspection is valuable, but it is not insurance against every defect discovered later.
Investigate before accepting the risks
Ideally, have investigations carried out before finalising your price and conditions. You can then take the outcome into account in your offer, ask for additional information or decide not to buy.
If the investigation can only take place after an agreement has been reached, include a clear cancellation clause. Specify which investigation may be carried out, the deadline and the outcome that would allow you to cancel the purchase. Simply saying that you ‘want to have an inspection later’ offers no protection if this has not been agreed as a condition.
Do not automatically wait until after signing in the hope of investigating everything during the statutory cooling-off period. It may be practically impossible to arrange the right specialist, access to the home and a complete report within that short period.
Record answers and expectations in writing
Make verbal reassurances verifiable before you sign:
- Ask specific follow-up questions by email.
- Request supporting documents, such as reports, invoices, warranties, permits and drawings.
- Have important characteristics or commitments included in the purchase agreement.
- Check clauses that increase your risk, such as an age, asbestos or non-occupancy clause.
- Make sure that any investigation condition is specific and workable.
For an older home or where there are clear warning signs, additional investigation is often sensible. What you were entitled to expect also depends on the home’s condition, the seller’s statements and the terms of the agreement. Additional clauses can also affect which defects become your responsibility. They do not give the seller blanket permission to withhold relevant information they know, but their precise effect depends on the wording and the situation.
The practical rule is simple: do not accept uncertainty that matters for your use of the home, your costs or your renovation plans. Ask further questions, verify the answers and clearly document any outstanding risks before signing.
