Onderzoeksplicht

The duty to investigate means that a contracting party is responsible for informing itself about the characteristics of the subject matter of the contract or other relevant circumstances. This duty prevents a party from successfully invoking mistake or non-conformity at a later stage if it could reasonably have ascertained whether any defects or risks existed.

In Dutch case law, the duty to investigate is frequently weighed against the counterparty’s duty of disclosure. Where a party has conducted insufficient investigation, this may result in dismissal of the claim, as the loss or detriment is regarded as falling within the party’s own responsibility.

In practice, the duty to investigate plays an important role in the acquisition of real estate, shares or machinery, where the purchaser is expected to commission, for example, a structural survey or due diligence review.