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Making legal texts more understandable is sensible, but oversimplification is risky: if crucial nuances are lost, a contract or explanatory note can work against you legally. This was evident in a case where a landlord rewrote a text to language level B1, thereby misleading the tenants. The lesson: strive for clarity, but have legal precision safeguarded by a professional hand. Below, you can read how to combine both.
Understandable legal language: a good goal
All parties must be able to understand what is stated in a contract . Making legal jargon more accessible is therefore a noble goal — language level B1 is well understood by the majority of the Dutch population. At the same time, this simplicity must not compromise the legal validity and intent of the agreements. That is where the tension lies: comprehensibility versus legal precision.
The case: retranslating to B1 backfires
In a case before the District Court of Gelderland (ECLI:NL:RBGEL:2024:821), a landlord had rewritten a legal text to language level B1. While commendable in itself, the essence was lost in the rewriting process. The simplified text provided the tenants with insufficient insight into the complex requirements for applying for co-tenancy.
The judge ruled that the landlord had misled the tenants : due to the simplification, it was no longer clear what the requirements were. Despite his good intentions, the landlord was found to be in the wrong. Simplification can therefore have legal and financial consequences
The risks of oversimplification
When converting complex legal terminology into understandable language, crucial details and nuances can be lost. As a result, stakeholders may be unintentionally misled. A few concrete risks:
- Loss of conditions: an omitted exception or condition changes the legal meaning.
- Unclear obligations: simplified wording leaves room for multiple interpretations.
- Incorrect expectations: the reader thinks they have understood something that is legally different.
- Translation risks: translating documents into another language can also change the meaning
Therefore, do not simply rewrite or translate legal documents yourself.
How do you combine clarity with legal precision?
- Simplify the form, not the content: shorter sentences and a clear structure are acceptable, but leave legally binding terms and conditions intact.
- Add explanation instead of omitting it: clarify a difficult provision with an example, instead of deleting it.
- Have rewritten texts checked: if you have simplified them yourself, have a lawyer review and make adjustments where necessary.
- Maintain one leading version: determine which (legal) version is decisive if multiple versions or languages exist.
Frequently asked questions about understandable legal texts
Do contracts need to be written at language level B1?
There is no general legal obligation to write everything at a B1 level, but comprehensibility does matter, especially towards consumers and tenants. Unclear or misleading information can be used against you. Therefore, it is not about the language level itself, but about whether the text informs the reader accurately and completely.
Am I allowed to rewrite my terms and conditions myself in plain language?
That is allowed, but have the result checked. A simplified wording that unintentionally weakens or omits a condition can cost you rights or, conversely, invalidate a clause. A legal check prevents that.
What if the readable version differs from the legal version?
This creates ambiguity that can work to your disadvantage, because the reader is entitled to rely on what has been presented to them. Ensure that the understandable version is substantively consistent with the legal version, or explicitly determine which version takes precedence.
Clear and legally valid documents with MKB Juristen
Striving for comprehensibility is sensible, but requires a careful hand to ensure the essence is preserved. The legal experts at MKB Juristen draft documents that are both understandable and legally sound, and review texts you have simplified yourself. View our expertise in contract law or schedule a no-obligation intake.
