14 December 2017

Even in cases of deception, option to nullify agreement may be time-barred after two years

The Dutch Supreme Court recently ruled that a party seeking to declare a purchase agreement void on grounds of deception may fail if the action is based on arguing that the purchased goods did not conform to the agreement. While the limitation period for non-conformity claims is two years, this time limit does not apply if there is an independent case of deception to be made. It is important to bear this in mind when taking a seller to court for deception: if there is no independent claim for deception, the option to have an agreement annulled for non-conformity lapses two years after the seller was first notified.

This article is only available in Dutch, click here to read it.