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Personal Surety Rules in Zoetermeer

Personal surety in Zoetermeer: legal requirements, pitfalls, and local tips. When to be jointly and severally liable for mortgages and loans—and when not?

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In Zoetermeer, a growing city in the Randstad with many first-time homebuyers, a personal surety differs from a security deposit due to joint and several liability (Article 7:850 of the Dutch Civil Code). Local notaries and mortgage advisors in Zoetermeer emphasize that the surety must be recorded in writing, including a maximum amount and duration. When applying for mortgages at regional bank branches in Zoetermeer, lenders often require joint and several co-surety from family members. For married couples, both spouses must sign (Article 1:88 of the Dutch Civil Code), which is particularly relevant for the popular new construction projects around Zoetermeer Oost-centre. Regional restrictions include: no surety for consumer purchases without prior advice from a certified advisor in Zoetermeer. Release from the surety is possible after fulfillment of the principal debt, with the Court of Appeal in The Hague – which has jurisdiction over Zoetermeer – assessing reasonableness. In local practice around Stadshart Zoetermeer, experts always recommend a surety agreement with a unilateral right of recourse against the surety and a notification obligation. In the event of bankruptcy of the principal debtor, such as local entrepreneurs in the Buytenpark area, the right of recourse remains unaffected.