Private individuals sufficiently protected in land trade

The cabinet believes that civil-law notaries adequately protect private individuals against risks associated with land investments. This is evident from the answers given by Finance Minister Wopke Hoekstra to written questions from the D66 and PvdA parties. The questions were prompted by a report in the Financieele Dagblad in which private investors claimed that civil-law notaries were not adequately protecting their interests.

In his response to D66 MPs Jessica van Eijs, Joost Sneller, and Rutger Schonis, the Minister cites several rulings by the disciplinary court and the civil court. These show that only in the case mentioned in the article was there a breach of duty on the notary's part. In other cases, the disciplinary court and the civil court found no violation of the notary's duty of care. Circumstances vary from case to case, and the notary must always assess them. The disciplinary court monitors compliance with professional due care standards.

To refuse
Hoekstra also confirms that a civil-law notary's independence can be compromised if they rely too heavily on instructions from the same sales agent. In doing so, he aligns with the position of the Royal Dutch Association of Civil-Law Notaries (KNB). A civil-law notary must always be impartial and independent. If they suspect that one of the parties is being exploited for legal ignorance, they must refuse to perform their duties. The civil-law notary must ensure that none of the parties are disadvantaged by, for example, a lack of information. Failure to comply with this obligation may result in disciplinary action.

Information obligation
Hoekstra also cites the Royal Dutch Notary Association (KNB) in his answers to Henk Nijboer's (Labour Party) questions. He states that the professional organization recently reminded notaries of their duty of care, and specifically the duty to provide information. This means that notaries must thoroughly inform buyers, including about any potential risks associated with transactions. The notary must also ensure that the buyer is aware of the speculative nature of the transaction. "Therefore, it cannot be inferred from the statutory regulations and the professional organization's bylaws in general, and from the disciplinary procedure in particular, that the role of notaries (in general) in pointing out risks in land transactions needs improvement," Hoekstra concludes.