A real estate agent can be held liable for damages resulting from an incorrect calculation and statement about a surface area of a house. The Dutch Supreme Court has recently commented on the calculation of such damages. In the Netherlands, the basic principle is full compensation. The calculation of damages requires a comparison between the financial position of the aggrieved party with the fault has caused the damages and the financial position of this party without this fault.
In this case, the Dutch Supreme Court emphasized that this comparison has to be applied. If the real estate agent had provided the right information about the surface area, the buyers would not have owned a house with a surface area as incorrectly calculated and reported by this agent. Therefore, the basis of the calculation of the damages is not a depreciation of the house because of the difference between reported and actual size of the surface area. In view of this comparison, relevant is that the buyers would not have bought the house If the real estate agent had provided the right information.
Please contact Rens Kloppenburg for more information.