Buyer's Duty

Does what has been purchased comply with the agreement?
In the case of a purchase agreement, the purchased item must comply with the agreement. This means that the sold goods must have the properties that the buyer could expect under the agreement. In any event, the item must have the characteristics necessary for normal use and of which the buyer did not have to doubt its presence. If this is not the case, then there is non-conformity.

Non-conformity: delivered does not comply with the agreement
In the event of non-conformity, the buyer may require the seller to repair the delivered goods or to deliver another sound item. If this is not possible, the buyer can dissolve the purchase agreement and is entitled to a refund of the purchase price already paid.

A buyer is not entitled to invoke non-conformity if he has not fulfilled his own duty to
 investigate.  A buyer will not be able to complain about a hidden defect of the delivered goods if he has not carried out a reasonable degree of investigation into this defect. After all, it is not only about what the buyer has actually expected, but also about what he - taking all circumstances into account - could expect.

Ask questions to seller in case of doubt

The buyer should only expect those properties of which he does not have to doubt the
presence. Where he has doubts or should doubt, he must ask the seller questions or conduct his own research. Sometimes the  obligation to investigate means that the buyer will have to call in an expert. Think of an architectural examination commissioned by the buyer when buying a home.

Heavier  duty to investigate  second-hand goods
Whether, and to what extent, a buyer has an obligation to investigate depends on the circumstances. For example, the duty of a buyer to investigate when purchasing a second-hand car is considerably heavier than when purchasing a new car. A used car cannot and should not be expected to meet the same requirements as a new car.

Seller's duty of notification prevails
Of course, the buyer may to a certain extent rely on the seller's communications. If a seller provides information about a property of the purchased property, the buyer is in principle no longer obliged to do his own research into this. The same applies to guarantees issued by the seller. The seller's duty of notification prevails over the  buyer's duty of investigation. A seller is obliged to inform a buyer if he knows that the purchased  item is unsuitable for the use intended by the buyer. If the seller violates his duty of notification, he will generally not be able to object to the buyer that the buyer has done too little research.

Professional buyer
Furthermore, a professional buyer has a heavier  duty of investigation than a private buyer. Even if it concerns agreements other than purchase agreements, there may be an obligation to investigate by contracting parties. In the case of a contract for services, certain contractors, such as banks and notaries, may be obliged to conduct research into (the accuracy of) information provided by their (non-professional) contracting parties. This  duty of investigation follows from the professional duty of care.

The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within contract law. In the event of a conflict concerning contract law, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.

Contact AGA Lawyers
The contract lawyers of AGA lawyers can do a lot for you, such as guiding you throughout the entire process. Feel free to contact one of our expert contract law lawyers for a 1st free intake interview.

TELEPHONE: 040-8444523  (1st intake interview free of charge and without obligation) (Available Mon to Fri between 09.00h and 21.00h). We can also be reached by e-mail:
E-MAIL:  info@agajuristen.nl or contact form on the right side of our website.

More information
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