Personal Suretyship Rules Utrecht

In Utrecht, personal suretyship differs from a security deposit due to joint and several liability (art. 7:850 BW). For loans from Utrecht banks such as Rabobank or ING, the suretyship must be recorded in writing, with explicit mention of the maximum amount and duration. For mortgages on homes in neighbourhoods such as Kanaleneiland or Lombok, mortgage lenders often require joint suretyship. Spouses must both sign (art. 1:88 BW), particularly relevant for Utrecht notaries who pass deeds. Limitations apply: no suretyship for consumer purchase without advice right, such as when purchasing a home via Utrecht real estate agents. Discharge from suretyship is possible upon performance of the principal debt, where the District Court of Midden-Nederland (Utrecht) tests reasonableness. In Utrecht practice, a suretyship agreement with unilateral recourse and notification obligation is essential, especially for local entrepreneurs in the city centre. In the event of bankruptcy of the principal debtor, often seen in Utrecht startups, the right of recourse applies via the local trustee in bankruptcy.