Can the hotel seller in Bergen cancel the sale?

Can the hotel seller in Bergen cancel the sale?


NOS . News

Can the owner of the hotel in Albergen withdraw its sale to the Central Agency for the Reception of Asylum Seekers (COA)? The judge will consider this question today in the summary proceedings brought by the reception organization.

Today the property will officially be in the hands of the COA, but the owner of Landhotel ‘t Elshuys in Albergen told the asylum reception organization last week that she wanted to cancel the purchase contract. She claims she was not well informed of the plans with the hotel at the time of the sale.

Through the courts, the COA is trying to keep them on the contract of sale that has been entered into.

Approach the COA myself

According to the summons for summary proceedings, prepared by the COA’s attorney, the reception organization was contacted at the beginning of April by the owner’s broker with a question if they wanted to buy or rent the hotel. The hotel had been for sale for three years at the time.

When COA representatives went to visit Albergen, they told the owner that they wanted to accommodate 150 asylum seekers or accommodation holders at the hotel. According to COA, it has also been discussed that hotel rooms will be emptied in order to be able to fit multiple beds (bunks) in them.

In a subsequent call with the mediator, the COA spoke of about 200 asylum seekers. According to the summons, the owner has never said verbally or in writing that she wants to sell the hotel only if a maximum of 70 to 80 asylum seekers can be accommodated.

The purchase contract was signed by both parties on August 12.

protest in the village

On August 16, it was announced that the Council of Ministers is using the option of granting a permit to receive asylum seekers in the municipality for the first time. At that time, the property had already been purchased by COA. A deposit of €200,000 was transferred that day.

“It is possible that 300 asylum-seekers could be accommodated at this location,” Foreign Minister Van der Burgh wrote to the Chamber of Deputies. It will include 200 people in the hotel and another 100 in units that are not yet placed on site. The Council of Ministers then passes through the municipality of Tubbergen, which includes Albergen. This news sparked numerous protests in the village.

Somewhat aware?

After the sale became known, the hotel owner contacted her real estate agent and COA. Can she still get out of the deal? “No,” was the answer from both sides.

On August 24, COA received a letter from the owner. She had canceled the purchase agreement because the COA had incorrectly informed her during the sale, it was alleged. Little did she know that COA intended to receive 300 asylum seekers on the site.

The woman initiated proceedings on the merits in the Hague Tribunal to certify the cancellation of the purchase agreement. This process can take months. Since the hotel will officially become the property of the COA today, they want clarification from the judge as soon as possible.

It will not be known whether the judge will rule on the interim measures today until the hearing. It starts at 13.00 in Almelo.

As long as the case is on trial, the woman and her lawyer do not want to comment objectively.

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