Newsletter (not only) for brokers

Helpful advice: Ensuring access to the unit

This right also applies if the tenant of the unit needs access. The decision, on the other hand, does not affect the rights and obligations of other unit owners.

Tip for real estate agents: If you sell or manage units with restricted access, we recommend that clients consider the possibility of a court order establishing the necessary route. This will prevent future disputes with adjacent property owners.

Court Decisions: When a right turns into extortion

In our legal practice, we occasionally see abuses of the law - for example, when someone uses a lawsuit to force a property owner to sell on unfavorable terms Exactly what an elderly married couple who decided to sell their cottage through an estate agent experienced.

The buyer expressed an interest in the property but refused to sign a reservation contract or prove that he had secured financing for the purchase. When the sellers realised that the negotiations were going nowhere, they decided to look for another buyer. But that's when their problems began.

The buyer filed an action in court to supersede the will, demanding a purchase agreement. At the same time, he had a note of the lawsuit entered in the Land Registry, effectively blocking the sale of the property.

Shortly before the court hearing, the buyer personally visited the couple and told them that if they did not sell the cottage on his terms, he would drag them through the courts for the rest of their lives. All in all, he waged a legal war against the couple for several years, which had a serious impact on their mental health.

The court eventually ruled that such behavior was not only unethical, but criminal. The buyer was therefore sentenced to a suspended prison sentence and a fine.

If your clients encounter a similar situation, advise them to contact a lawyer. Abuse of the law and extortion are not permissible and can have criminal consequences.