Huurovereenkomst

NORWAY · #1 , 29 dec 2010 16:00

Is a mondeling "ja"" for a huurovereenkomst binding ?

To make it short: The Makelaar called me Friday evening two weeks ago to tell us that we could rent the house that we had been looking at 4 weeks
earlier.
Over the phone we agreed to meet the next week to set up a contract.

But that same weekend, the day after, our current house owner called to let us know that we did not have to move out afterall.
That same weekend I also called the Makelaar back and said we did not want to go ahead with that other house because we could
stay in our current house.

But now we got a letter in the mail from a local law firm and the house owner of the rental home that we had said mondeling yes to.
They are saying the mondeling overeenkomst is binding.

We have not signed anything, not seen a contract or know the details in the contract. We hav also not agreed on a specific date to
move in.

Where do we stand in this situation ? could we win this ? Please help us !!!

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Tmespreu · #2 , 29 dec 2010 16:11

Is this case in Belgium?

An aggreement to rent 'something' can be made oraly.

Nevertheless when you deny the fact that there is an aggreement, the other party has to prove there is one.

They have to prove this with a written agreement (Art. 1715 BW).
In this case tehy can't prove it by witness (Makelaar) or pressumptions.

NORWAY · #3 , 29 dec 2010 16:24

In this case in The Netherlands:-)

But thanks for your reply.

That is what I am thinking, thay can not prove anything. And I was also thinking I could use my poor Dutch as an excuse, that I never said yes to rent it, but to meet up and look at the huur contract and then take it futher ?! Anyway, It will cost be 2-3000 euros if this dude get what he wants. A shame !!!

Reclame

Tmespreu · #4 , 29 dec 2010 17:03

What I have said above is probably not 100% the same as in the Netherlands.
You should better consultate a .nl Juridic forum to be sure.

Vandebos · #5 , 29 dec 2010 17:42

Considering Dutch and Belgian rent legislation are quite different it would be best is you informed yourself on http://www.rechtenforum.nl" onclick="window.open(this.href);return false;.