Title 1
in forceSale and exchange
Section 1
Sale: General provisions
Sale is the agreement whereby one party commits to deliver a thing and the other party to pay a price in money therefor.
The sale of an immovable property intended for habitation or a component part thereof shall, if the purchaser is a natural person not acting in the…
The purchase of a registered property (registergoed) may be entered in the public registers referred to in Section 2 of Title 1 of Book 3, unless at…
Where the sale has been concluded without the price having been determined, the buyer owes a reasonable price; in determining this price, account…
In this Title, the following definitions shall apply:
This Title is also applicable:
In the case of a consumer sale, no derogation from Sections 1-7 of this Title may be made to the detriment of the buyer, and the rights and claims…
If the seller or the producer has promised certain characteristics in a commercial guarantee in the case of a consumer sale, in the absence of which…
A person to whom an item has been sent and who may reasonably assume that such sending has occurred for the purpose of inducing him to enter into a…
If a newly constructed or to be constructed dwelling, consisting of an immovable property or a component thereof, is sold and the purchaser is a…
Section 2
Obligations of the seller
The seller is obliged to transfer the ownership of the sold property with appurtenances and to deliver it. Appurtenances include the available title…
The thing is at the risk of the buyer from the time of delivery, even if the ownership has not yet been transferred. Consequently, he remains liable…
In the case of a consumer sale where the item is delivered to the buyer, the item is at the buyer's risk from the moment that the buyer or a third…
The costs of delivery, including those of weighing and counting, shall be borne by the seller.
If, in the case of a consumer sale, the item is delivered to the buyer by the seller or a carrier designated by the seller, costs may only be claimed…
From the day of delivery, the fruits shall accrue to the buyer, on the understanding that civil fruits shall be calculated from day to day.
The seller is obliged to transfer ownership of the sold property free of all special encumbrances and restrictions, with the exception of those which…
When an action is instituted against the buyer for eviction or for the recognition of a right with which the thing should not have been encumbered…
The delivered goods must conform to the contract.
For the question of whether a thing delivered on the basis of a consumer sale conforms to the agreement, the thing must in particular, insofar as…
In the event of a consumer sale, any lack of conformity of the thing with the agreement resulting from an incorrect installation of the thing shall…
In the event of an execution sale, the buyer may not rely on the fact that the property is encumbered with a burden or a limitation with which it…
Section 3
Special consequences of non-performance of the obligations of the seller
If, in a consumer sale, the seller fails to comply with the period set or agreed upon in Article 9, paragraph 4, he is in default when he is given…
If the thing is encumbered with a charge or a restriction that should not have rested upon it, the buyer may demand that the charge or the…
If the delivered item does not conform to the agreement, the buyer may demand:
If the delivered goods do not conform to the agreement, the buyer in a consumer sale furthermore has the power to:
The buyer can no longer rely on the fact that what has been delivered does not conform to the agreement, if he has not given notice thereof to the…
If, on the basis of a consumer sale, a good has been delivered which does not possess the characteristics that the buyer was entitled to expect on…
If the buyer, in the event of a non-performance as referred to in Article 24, has exercised one or more of their rights against the seller in respect…
Section 4
Obligations of the buyer
The buyer is obliged to pay the price.
If the buyer is disturbed or has good reason to fear that he will be disturbed by a claim for eviction (uitwinning) or for the recognition of a right…
In the case of a consumer sale, the right of action for payment of the purchase price shall prescribe by the lapse of two years.
If the buyer has received the item but intends to reject it, he must take care of its preservation as a prudent debtor; he has a right of retention…
When, in the cases provided for in Article 29, the thing is subject to rapid decay or deterioration, or when the preservation thereof would entail…
Section 5
Special consequences of default by the buyer
If the agreement grants the buyer the power to specify the item by designating the size or shape or in another manner, and he is in default thereof…
In the event that the buyer is in default with the acceptance of delivery, Article 30 shall apply mutatis mutandis.
Section 6
Special cases of dissolution
If the delivery of a movable property on a specific day is essential and the buyer does not take receipt on that day, such shall constitute a ground…
The seller may dissolve the sale by a written declaration if the failure to take delivery gives him good reason to fear that the price will not be…
If, in the case of a consumer sale, the seller increases the purchase price after the conclusion of the sale pursuant to a clause stipulated in that…
Section 7
Damages
In the event of dissolution of the sale, where the item has a market price, the compensation for damages shall be equal to the difference between the…
If the buyer or the seller has entered into a substitute transaction (dekkingskoop) and has acted reasonably in doing so, he shall be entitled to the…
The provisions of the two preceding articles do not exclude the right to a higher compensation in the event that more damage has been suffered.
Section 8
Right of reclamation (recht van reclame)
The seller of a movable thing, which is not a registered property (registergoed) and has been delivered to the buyer, may, if the price has not been…
If the buyer has been declared bankrupt or has been granted a suspension of payments, the reclamation shall have no effect if the purchase price is…
The power to reclaim may only be exercised insofar as the delivered goods remain in the same state as that in which they were delivered.
Unless the object has remained in the hands of the buyer, the power to reclaim shall lapse when the object has been transferred, other than for no…
The seller cannot exercise his power as described in Article 39 if the buyer has accepted commercial paper for the full purchase price.
The right of the seller described in Article 39 shall lapse when both six weeks have passed since the claim for payment of the purchase price has…
Section 9
Sale on approval
A sale on approval is deemed to be concluded under the suspensive condition that the thing is satisfactory to the buyer.
As long as the sale is not final, the risk of the thing remains with the seller.
Section 9A
Distance contracts
Section 10
Purchase of property rights
A sale may also relate to a property right. In that case, the provisions of the preceding sections shall apply insofar as this is consistent with the…
A person who sells an inheritance without specifying the assets thereof item by item is only required to warrant his capacity as heir.
Section 10A
Purchase of rights to time-share use of immovable property
Section 12
Exchange
Exchange is the contract whereby the parties bind themselves to give one another a thing in place of another.
The provisions concerning sale apply mutatis mutandis, with the understanding that each party is considered a seller for the performance which they…