An age clause is the provision in a purchase agreement by which the buyer accepts that the property is old and that its structural condition reflects that. The clause shifts the risk of age-related defects to the buyer and thereby limits the warranty of suitability for normal use.
Legal basis
The clause has no statutory regime of its own; it is a contractual departure from Article 7:17 of the Dutch Civil Code and from the normal-use warranty in the model contract. Its effect is limited by Article 7:17(5) and by the seller’s duty to disclose: a seller who knew of a defect and concealed it cannot hide behind the clause. Article 6:248(2) also comes into play where reliance on the clause would be unacceptable in the circumstances. Case law requires the clause to be sufficiently specific: a general reference to age offers less protection than one naming the defects to be expected, for instance in the foundation, pipework or roof.
How it works in practice
The clause is standard for properties built before roughly 1970 and for properties the seller never lived in, such as those from an estate. For the buyer it is a signal to commission a structural survey and, where needed, further investigation into foundations, asbestos or installations. For the seller it is important to supplement the clause with concrete disclosures of what they know.
Where it goes wrong
Sellers assume the clause removes all liability; concealed known defects fall outside it. Buyers, conversely, assume it covers only ordinary wear, whereas a broadly drafted clause may extend to more serious defects. Third, the clause is sometimes added only at the notary, after the cooling-off period, which prompts argument about whether the buyer agreed to it.
Related terms
The clause limits claims for non-conformity, belongs with the purchase agreement and connects to the statutory cooling-off period.
Unsure how far an age clause reaches? Our real estate law specialists review the wording before you sign.
