The notary may be the last independent professional between online deception and an irreversible sale.
Picture a seller at the notary’s table. The purchase agreement is signed. The buyer has paid an advance. The price is unusually low, yet completion must happen quickly. The seller says money is trapped in a crypto wallet and one final payment will release it.
To the seller, the sale feels like a rescue. Sell now, recover the investment later. To the notary, the picture may be harsher. A valuable home is about to become cash because an unknown online adviser controls the story.
That is the pattern described by the Bureau Financieel Toezicht, or BFT. Boiler-room fraud may begin on WhatsApp, social media or a convincing investment platform. It can end with a mortgage, a property sale and a signed deed.
The digital balance is not the asset
The fraud works because the victim sees apparent wealth. A platform displays profits. A supposed adviser speaks confidently about tax, identity checks, anti-money-laundering rules or wallet validation. When the victim tries to withdraw money, another payment is required.
Each payment appears to protect the money already invested. When personal savings run out, the fraudster may suggest extra mortgage borrowing or a quick home sale. Banks, relatives and established advisers are presented as obstructive or uninformed. Isolation makes the next payment feel like the only practical decision.
AFM identified 66,717 unique transactions reported to FIU-Nederland between 2020 and 2024 that were possibly connected to investment fraud. Reporting parties explicitly linked 19% to boiler-room fraud. Crypto featured in 45% of those boiler-room reports.
Of the payment transactions analysed, 73% had been executed, with a combined value of €608 million. AFM estimates annual Dutch harm from investment fraud at roughly €150 million to €750 million. The fraud is professional, digital and international.
The practical reading is blunt. A balance inside a portal controlled by the counterparty is not liquidity. It is not a receivable. A founder should not base borrowing, a company payment or the sale of a family home on a figure that cannot be independently accessed and verified.
Why the notary’s questions matter
BFT identifies a combination of warning signs in known files: severe time pressure, a vulnerable seller, no estate agent or financial adviser, an advance from the buyer after signing, and a price at least 25% below the WOZ value.
Each feature can have an ordinary explanation. People sell quickly after illness, divorce, debt or relocation. A WOZ value uses a statutory valuation date and does not replace the current market value of a particular house.
Together, these features change the quality of the transaction. The important question is whether the sale still makes sense when the online adviser’s claims are removed from the explanation.
That is where the Dutch notarial role matters. A notary cannot solve every crypto fraud or investigate every online platform. The notary can examine the transaction, explain its consequences and ask who benefits from the speed.
For services within the Wwft framework, Article 16 requires an institution to report a completed or intended unusual transaction to FIU-Nederland without delay once its unusual nature becomes known. The report covers the parties, value flows and circumstances surrounding the transaction.
One refusal may not end the danger
BFT reported that every transaction refused by a participating notary in its 2025 Rotterdam pilot went ahead elsewhere. The finding concerns that local pilot, but its business lesson is clear. A refusal can prevent one professional from completing a file while the seller remains under the same pressure.
The fraudster still wants the money. The buyer may still want the property. The seller may simply look for a faster route. Risk has moved, rather than disappeared.
That is why gatekeeping involves more than saying no at the last minute. Professionals need to record concerns, use the lawful reporting and escalation routes available to them, and avoid confusing procedural completion with a sound underlying decision.
For owner-managers, the same pattern can enter through private life. A founder may pledge home equity, request a shareholder loan or sell business property to fund a supposed recovery payment. The bookkeeping can record a legitimate transfer while the economic reason behind it rests on deception.
The governance question is simple: would this sale, loan or payment remain rational if the promised online balance were worth zero? If not, the company and family are relying on the fraudster’s evidence.
Make room for an independent pause
Small businesses do not need elaborate fraud committees. They need a point at which urgency loses its authority. A major disposal, refinancing or unfamiliar payment deserves a clear account of the price, payment route, beneficiary and commercial reason.
Someone independent from the promoter should be able to challenge that account before money or ownership moves. This is not delay for its own sake. It protects cash, assets and decision-making from a story designed to close off doubt.
The seller at the notary’s table may experience questions as delay. In reality, that pause can be the most valuable part of the transaction. It creates distance between a screen showing imaginary wealth and a deed transferring a real home.
Dutch business culture rightly values speed, clean agreements and personal responsibility. Responsibility, however, requires more than a signature. It requires a decision that remains understandable without pressure, isolation or a promise controlled by the person asking for more money.
A notary cannot repair every loss that began online. Yet when deception seeks legal form, an independent pause may still protect what is real.
If an online investment claim is driving a major sale, loan or payment, seek independent counsel before assets or ownership move.
The data, sourcing, and analysis behind this article were conducted by Paolo Maria Pavan. AI was not used to identify sources, build the factual basis, or produce the analytical judgment contained here. AI was used only as a drafting aid. The final English text was personally reviewed, edited, and approved by Paolo Maria Pavan before publication.
References
- Notarissen cruciaal in bestrijding boilerroomfraude
- Autoriteit Financiële Markten - Scale and evolving methods of investment fraud
- Autoriteit Financiële Markten - Estimated harm and the hidden nature of investment fraud
- Autoriteit Financiële Markten - Current fraud pressure and the role of professional facilitators
- FIU-Nederland - Real estate as a money-laundering and transaction-integrity risk
- Bureau Financieel Toezicht - Notarial gatekeeping, refusal and the risk of displacement
- Wettenbank - Wwft reporting duty and the information required in an unusual-transaction report
- Kadaster - Current housing-market benchmark for assessing an unusual sale
