Ouderdomsclausule
Age Clause
An age clause is a contractual provision in a sale and purchase agreement for immovable property by which the seller limits its liability for defects arising from the age of the property.
The age clause is frequently included in contracts for the sale of older residential properties and buildings. Its purpose is to shield the seller from liability for normal wear and tear or defects that may reasonably be anticipated in light of the property’s age.
This clause serves an important function, as buyers would otherwise be able to assert claims for age-related deterioration, thereby impeding the marketability of older properties. In practice, purchasers are advised to commission a structural survey before agreeing to such a provision.
The courts apply a strict standard of review when assessing the validity of an age clause, particularly where latent defects are concerned that cannot be attributed directly to the property’s age.
“Due to the age clause in the purchase deed, the seller could not be held liable for the worn roof covering.”
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