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Dutch to English translations [PRO] Law/Patents - Real Estate
Dutch term or phrase:waarborgstelling
Mijn vraag is wederom contextueel, and maybe I'm overthinking, but better safe than sorry.
In mijn brontekst staat: als je geen Nationale Hypotheek Garantee hebt, heb je "een insolventieverzekering, de SWK-garantie of een waarborgstelling" nodig.
Mijn vraag: is "een waarborgstelling" simpelweg een (ander soort) garantie (dan de SWK-garantie)?
Misschien laat ik me wel door stijlkwesties de mist in sturen, maar "een SWK-garantie of een garantie" klinkt merkwaardig, je zou dan verwachten dat de tweede ook op de een of andere manier specifiek is.
Explanation: A guess at a convenient way of translating the whole phrase (with or without brackets) after considering what I've said in the discussion.
-------------------------------------------------- Note added at 57 mins (2015-08-26 14:42:13 GMT) --------------------------------------------------
" (Law) property law a covenant, express or implied, by which the vendor of real property vouches for the security of the title conveyed." Also, under http://dictionary.reference.com/browse/warranty we can see that warranty is "Also called covenant of warranty. a covenant in a deed to land by which the party conveying assures the grantee that he or she will enjoy the premises free from interference by any person claiming under a superior title."
Google somehow must have let you down :-). There are definitely plenty of relevant search results for mortgage loan (also in plural) and even quite a few for mortgage loan guarantee (also in plural). You're absolutely right that this type of loan is often simply referred to as a mortgage. I would say both terms exist side by side just like hypotheek and hypotheeklening in Dutch, without there being any essential difference in meaning between them. As far as I can see, the same applies to mortgage guarantee and mortgage loan guarantee. The only reason why I used the latter term is because it's called that way in the article I wanted to bring to Emma's attention.
I see. I think that in 3) you've rightly interpreted it as "some other guarantee", similarly to my bracketed idea but with guarantee.
Emma Rault (X)
United Kingdom
ASKER
ran out of space in my last post
18:31 Aug 26, 2015
. . .do you guys agree? Sorry again for the confusion. I've been dealing with different "garanties" all day and lost sight for a moment of which one this question pertained to!
Emma Rault (X)
United Kingdom
ASKER
18:30 Aug 26, 2015
Hi guys. I'm so sorry--I obfuscated matters with my "given to the buyer" wording. What I meant there was, as Kitty intuited, guarantees which the buyer/mortgagor is required to submit to the mortgage provider as part of the application process. But I slightly lost sight of my own context in the thick of things, because we're talking about different forms of guarantee all pertaining to the completion of a mortgaged new build.
So what we've got is: 1) Insolventieverzekering provides a guarantee to the mortgage provider that the property will be completed no matter what (i.e. they will hold first mortgage on a fully-fledged real estate object). 2) The SWK-garantie similarly provides protection in the event of the original contractor's insolvency (as well as guaranteeing adequate building standards and recourse in the event of defaults). 3) "Waarborgstelling" = some other guarantee that the mortgaged property will be completed so that the bank will have their collateral and the buyer will have their home.
I'd still say that's a "guarantee" rather than "warranty", since the main thing it's predicated upon is completion, rather than recourse in the events of structural defaults.
You earlier referred to a "mortgage loan guarantee". Other than Wikipedia mentioning it, Google doesn't result in anything like a mortgage loan. Wiki says it's mostly called simply a mortgage as we all know it. https://www.mortgageloan.com/refinance-mortgage is only called that because it helps those wanting to take out a mortgage or a loan. So I think your phrase should simply be 'mortgage guarantees' if that fits the context. (Your link leads to a download, sorry I don't want to do that now.)
(though not even directly so in the case of the insolventieverzekering, as far as I can see) but definitely not provided (or given) by the buyer. Unless 'given by the buyer' was meant as 'to be submitted by the buyer' (i.e. during the mortgage application process). In the absence of further specification, we simply do not know what type of party/parties would provide the waarborg(stelling). What we do know, however, is that all three items referred to are typical examples of mortgage loan guarantees, i.e. the type of guarantee that would typically be required by mortgage providers.
Adrian MM. (X)
Given by the buyer
17:34 Aug 26, 2015
Asker: 'Yes, but here we're talking about a guarantee given by the buyer, not the seller.' - this looks like an indemnity rather than e.g. a guarantee given by a housing assoc. or a collateral warranty given by a third party http://www.rpc.co.uk/index.php?option=com_easyblog&view=entr...
I think I would use guarantee instead of warranty here. Basically, waarborgstelling/borgstelling/garantstelling are all (used as) synonyms in this context, referring to the provision of a (waar)borg or garantie. The NHG (National Mortgage Guarantee), for instance, is also a waarborgstelling - though more commonly referred to as borgstelling - which is provided by the Waarborgfonds Eigen Woningen (WEW).
I'm not completely sure, sorry, but in freedictionary.com, it says warranty is " (Law) property law a covenant, express or implied, by which the vendor of real property vouches for the security of the title conveyed." As we both have doubts about whether 'waarborgstelling' is simply a repetition, it could be avoided using 'warranty'. Also, under http://dictionary.reference.com/browse/warranty we can see that warranty is "Also called covenant of warranty. a covenant in a deed to land by which the party conveying assures the grantee that he or she will enjoy the premises free from interference by any person claiming under a superior title." But you may be right as it's indeed about payment of debt obligations.
Emma Rault (X)
United Kingdom
ASKER
14:30 Aug 26, 2015
Really? I was under the impression "warranty" was not appropriate in this context (since what we're talking about is the assurance that debt obligations will be met). . .?
it seems that it simply means what you've suspected: this is simply a superfluous repetition of 'guarantee'. Waarborgstelling itself seems to lead to a few results on Google, but they mostly lead to a link on mijnwoordenboek, where it tells us no translation exists there. The only one occurrence is here: http://www.linguee.nl/nederlands-engels/search?source=auto&q... You can also change the word into 'warranty', waarborg could mean either/both.
Automatic update in 00:
Answers
22 mins confidence:
(provision of any other) warranty
Explanation: A guess at a convenient way of translating the whole phrase (with or without brackets) after considering what I've said in the discussion.
-------------------------------------------------- Note added at 57 mins (2015-08-26 14:42:13 GMT) --------------------------------------------------
" (Law) property law a covenant, express or implied, by which the vendor of real property vouches for the security of the title conveyed." Also, under http://dictionary.reference.com/browse/warranty we can see that warranty is "Also called covenant of warranty. a covenant in a deed to land by which the party conveying assures the grantee that he or she will enjoy the premises free from interference by any person claiming under a superior title."
Peter Simon Netherlands Local time: 13:13 Native speaker of: Hungarian PRO pts in category: 8
Explanation: if cognate with the DE of Freistellung
Difference between a guarantee and an indemnity in contract and ins.
Guarantee: guarantor A > guarantees payment of debtor or warrantee B's performance debt > to creditor C
Indemnity: 'holding and saving safe and harmless' > the A indemnifiier/ins. co. pledges to make good to > debtor B any payment the latter has made to ceditor or victim C.
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