Personal Suretyship Rules in Delft

In Delft, personal suretyship differs from a security deposit due to joint and several liability (art. 7:850 BW). For loans at local banks such as ING or Rabobank in Delft Centrum, the suretyship must be recorded in writing, with explicit mention of the maximum amount and duration. For mortgages on homes in neighbourhoods such as Poptahof or Tanthof, Delft bank branches often require joint and several co-suretyship. Spouses must both sign (art. 1:88 BW), particularly relevant given the high house prices around Delft University of Technology. Limitations apply: no suretyship for consumer purchase without right to advice, such as when buying an apartment in the city centre. Discharge from suretyship is possible upon performance of the principal debt, where the Court of Appeal of The Hague – competent for Delft – tests reasonableness. Practice example from Delft: for startups around TU Delft, always draw up a suretyship agreement with unilateral recourse and notification obligation. In the event of bankruptcy of a principal debtor, such as a local tech company, the right of recourse is applied strictly, with advice from notaries at the Markt.