Personal suretyship in Westland: statutory requirements, pitfalls and local practice. When liable jointly and severally for greenhouse financing or horticultural loans?
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Arslan AdvocatenLegal Editorial
1 min leestijd
In Westland, the heart of Dutch horticulture, a personal suretyship differs from a security deposit due to joint and several liability (art. 7:850 BW). For loans from local banks such as Rabobank Westland or cooperatives, the suretyship must be recorded in writing, with explicit mention of the maximum amount and duration. Financiers often require joint and several co-suretyship from multiple family members for mortgages for greenhouse construction or business acquisitions. Spouses from surrounding villages such as Naaldwijk or Monster must both sign (art. 1:88 BW). Limitations apply strictly: no suretyship for consumer purchase without right to advice, crucial for the purchase of horticultural installations. Discharge from the suretyship is possible upon performance of the principal debt, where the District Court of Rotterdam (for Westland) tests reasonableness. Local practice in the horticultural sector: always draw up a suretyship agreement with unilateral right to invoke the suretyship and notification obligation. In the event of bankruptcy of a principal debtor, such as recent greenhouse companies in 's-Gravenzande, the right of recourse applies immediately. Westland entrepreneurs, note: consult a notary in Poeldijk for tailored advice.