Terms Holland Housing BV
ARTICLE 1 - Definitions and terms
In these terms and conditions, the following terms and expressions have the meanings set out below.
a. Consumer: customer, natural person, which could act under an occupation or business;
b. Agent: Holland Housing BV;
c. Assignment: The assignment agreement for services. Under service means mediation with regard to the purchase, sale or lease of real property and other services to be performed by the broker;
d. Fee: the price for the services of the Property, including the commission stated under e;
e. Commission: the remuneration due in respect of mediation in relation to the purchase, sale or lease of real property;
Article 2 Applicability
2.1 These general conditions apply to the formation and implementation of a consumer between a Broker and an agreement of contract for services related to immovable property situated in the Netherlands.
2.2 These general conditions apply to all current and future contracts and agreement between the Broker and the Consumer.
2.3 Provisions that deviate from these Terms and Conditions can be agreed in writing.
2.4 These Terms will be accompanied by the order confirmation sent to the buyer.
2.5 Applicability of the General Conditions of the client on a contract with the agency be excluded.
Article 3 - General and Personal Offers
3.1 The general offer for the Property to the Consumer containing a clear description of the services that consumers expect in question. The overall supply
includes the fee for the service and other conditions under which the service is performed.
3.2 After consideration of the overall supply by the Consumer, the Consumer provides the Broker with him about the opportunity to enter into negotiations in order to get a personal offer.
3.3 The Broker shall ensure that the final offer in writing in person or electronically in an order form is used to determine where the applicability of this agreement is made.
3.4 The personal offer or the general offer must include a copy of these Terms and Conditions.
Article 4 - Conclusion of contract The contract is concluded at the time by the Agent and the Consumer order confirmation signed by the Property has been returned.
Article 5 - Duration of the contract unless otherwise agreed between the parties, the commission indefinitely.
Article 6 - End of contract
6.1 The mission ends by:
a. completely fulfilled by the broker;
b. cancellation of the contract by the Consumer;
c. refund of the commission by the broker
d. termination by either party;
e. death of the consumer.
6.2 The agency has fulfilled its mission as soon as the agreed performance is delivered or - in case of mediation by the Property - The proposed contract between the parties hereto arising from services rendered by him has been established. When buying a house by a natural person not acting in the course of a profession or business, there is only an agreement if the purchase is recorded in a purchase agreement signed by buyer and seller.
6.3 A contract without a notice period required to be taken, be withdrawn, unless the broker and the consumer about a specific time agreed. The consumer is in respect of a withdrawal never damages. The Property has the matter is entitled to reimbursement of costs already incurred as referred to in Article 14 and, if and as far in providing the agreed commission, a percentage of salary. The withdrawal of a commission must be made in writing or electronically.
6.4 The Broker may order the return on the grounds of serious reasons. Serious cause in any case considered a serious disturbance of the relationship between the Broker and the Consumer. The refund by the Broker in writing or electronically.
6.5 A contract can be terminated when the end of the party there is a breach of the obligations. The 'other party' is defined as the counterpart of the Property (ie: the Consumer / client) or the other party of the Consumer (ie: Broker). The notice of termination must be made in writing or electronically.
6.6 The date of dissolution of the commission shall be the date the Property, or the Consumer (written or electronic) notice of cancellation, refund, termination or death or received in the notification genoem dela tender date.
ARTICLE 7 - Tax, exigibility
7.1 The agreed commission, fees, unless explicitly agreed otherwise, including statutory turnover tax (VAT).
7.2 All claims for fees or commission payable are due immediately after the lease or purchase agreement has been concluded whether the command is executed, or it terminates for other reasons.
ARTICLE 8 - Duties of the Broker
8.1 The Broker executes the instruction accepted by him to the best knowledge and ability and taking into account the interests of the consumer. Unless otherwise agreed, the Property required to perform the work of the commission, under his responsibility, perform.
8.2 The broker has the power performance of the contract on behalf of the Consumer third parties to which the Property liability for third parties to exclude (the applicability of article 6:76 Civil Code is excluded). Broker notes in this connection explicitly that the consumer must provide (to) help to carry out a valuation of the real estate. These activities are specifically excluded under the Agreement with the Property. For the content of the appraisal report, the agency therefore no responsibility.
8.3 The Broker shall keep the Consumer regularly informed of progress.
8.4 Notwithstanding Article 7:402 BW states Broker how and by which person (o) n (s) the assignment is executed, but is taking the utmost account of the wishes of the consumer in writing that the broker in advance.
8.5 The Broker is not entitled to conclude contracts on behalf of the consumer, unless they submit a written or electronic authorization has been granted.
8.6 The Broker sends the consumer an invoice when a payment is reasonable given. If the consumer within the period prescribed in the bill pay Broker sends him a reminder that the consumer the opportunity still within 2 weeks of receiving the reminder to pay.
Article 9 - Obligations of the Consumer
9.1 The consumer provides the Property to the best knowledge and belief the information that the agency requires for the performance of the contract. The consumer is obliged to immediately inform Broker of any facts and circumstances in connection with the execution of the order of interest. From the delay in the execution of the contract resulting costs incurred by not, not timely or not properly providing the information and documents shall be borne by the consumer.
9.2 The consumer pays the broker for the services in accordance with agreements made in the payment as stated on the invoice. If the Consumer fails and that he fails to in Article 8 paragraph 5 payment reminder, he is in default and the Broker entitled to statutory interest in bringing inc.
9.3 The Property is over in Article 8 paragraph 6 period of two weeks authorized, without further notice to proceed to recover the amount due plus statutory interest. The consumer is also
extrajudicial costs at large at least 15% of the principal, the obligation of the consumer to the Broker the actual (extra) judicial collection costs, provided that this amount could go up. At actual cost means the cost of engaging a lawyer and costs of other experts. In the event an order is granted by more than one person, each of them jointly and severally liable for payment of all amounts due on any account whatsoever.
9.5 The Broker does not provide appraisals, so the consumer - if necessary - must provide own (have) responsibility for preparing an appraisal report.
9.6 It is the consumer, unless otherwise agreed, are not permitted outside the agency to contract to establish, negotiate, using similar services of others and / or activities, the agency in fulfilling its role as arbitrator to hinder or interfere with its operations.
ARTICLE 10 - Assignment of mediation, some services
10.1 The core of an instruction for intermediary services advising on and conducting negotiations. Furthermore, unless otherwise agreed, the consumer under an order for mediation include the following sub-services available:
- Discussion and advice on the possibilities of the proposed agreement;
- Care and supervision of visits;
- Guidance on the settlement.
10.2 For some services mentioned in Article 10.1 may also be issued a separate order. On some services, these conditions apply to the extent the nature of those provisions are not inconsistent.
ARTICLE 11 - Brokerage
11.1 The Consumer is the Broker a brokerage fee if during the course of the brokerage commission agreement regarding a property is established. This also applies if the agreement is not the result of services provided by the broker.
11.2 The formation of a contract shall be deemed to participate in an action by the client as a result of which the property is wholly or partially sold, leased or allocated to the client and / or third and in connection with the performance of the contract does not is discontinued.
11.3 Upon termination of the conciliation procedure provided for in Article 6 paragraph 1 sub b /, the consumer no brokerage fee if an agreement relating to a property is created, unless:
Consumer-acted contrary to the provisions of Article 9.6;
Broker-proof that the conclusion of the agreement relating to the property resulting from services provided by the Broker to the consumer during the term of the contract.
11.4 When a brokerage obligation to paragraph 3 of this Article occurs, the right to a Broker to determine reasonableness of the commission. This determination shall take into account existing work done by the Broker, the advantage of the consumer, and the land on which the contract expires.
11.5 If a negotiated agreement not being executed, the agency reserves the right to full commission, unless the non-performance is due to imputable shortcoming (failure) of the Property.
ARTICLE 12 - Calculation brokerage buy and sell
12.1 The fee is calculated on the basis of what parties have agreed upon. Insofar as the parties a basis for calculating the commission agreed, subject to the following paragraphs of this article.
12.2 The commission is calculated on the purchase price of the property
12.3 The purchase price means the amount that the buyer owes the seller, excluding costs and charges related to the transfer, such as transfer tax, notary fees and land registry fees.
12.4 If the purchase amount of VAT due, or is included in the purchase price, the brokerage fee is calculated on the amount including the specific tax unless the purchaser is entitled to VAT deduction.
12.5 In case of construction or real property to be built, the fee based on the combined purchase and contract price, or the expected, apparent from the agreement, construction costs or building costs including VAT, unless the buyer is entitled to VAT to deduct.
12.6 For purchase and sale of a leasehold or a building on leased land, the commission is charged on the amount that the buyer and seller as such match, plus an amount equal to ten times the regular annual fee.
12.7 For purchase and sale of an apartment, the fee based on the purchase price of the apartment.
12.8 For purchase and sale of membership rights of a cooperative association for the operation of real property or shares in the undivided property, the commission is calculated on the purchase price of the specific membership rights or shares, without deduction of the share in any mortgage loan.
12.9 a par with contracts of sale for the commission calculation:
- Exchange sale;
hire purchase
- Finance lease;
- Sale of goods on hire;
- Purchases and sales that do not automatically include the obligation to deliver
- (Economic ownership);
- Establishing the right of lease or tenancy.
12.10 If moveable property in a material sense and / or property rights (eg goodwill) are purchased or sold, and / or also damages, subscriptions, contributions and similar claims by the parties mutually agreed, the brokerage fee is charged on purchase price of these goods and rights.
Article 13 - Calculation brokerage tenancies
13.1 The fee is calculated on the basis of what parties have agreed upon. Insofar as the parties a basis for calculating the commission agreed, subject to the following paragraphs of this article.
13.2 For rental and lease agreements relating to real estate commission is charged on the rent, subject to the provisions set out below.
13.3 Under the rent is defined as the amount that the tenant and landlord as compensation for the mere enjoyment of the property for the first rental year.
13.4 The commission is calculated on the rent + VAT, if applicable, unless the tenant is entitled to deduct VAT.
13.5 If under the contract in any following year to rent a different amount will become due on the first lease year and this amount at the conclusion of the agreement is already known, while apparently of a different nature than the
keep up the rent in the value of the euro, the calculation of the commission considered the total of such amounts, divided by the number of years to which they relate.
13.6 Part of a whole year lease rental year.
13.7 a par with rental and lease agreements for the commission calculation:
- Leases;
- Exchange contracts;
- Agreements for use;
- Contracts for a real right of use and occupation;
- Other similar agreements, such as finance or operating leases.
13.8 If moveable property in matter le sense and / or property rights (eg goodwill) are leased, the term the rent includes the rent agreed for these goods.The goods are also bought or sold, and / or damages are also, subscriptions, contributions and similar claims by the parties mutually agree, then the commission will also be charged on the purchase price of these goods and rights.
Article 14 - Costs
14.1 Unless otherwise agreed to reimburse the Consumer commission for negotiating the purchase or lease cost to the Broker on behalf of consumers.
ARTICLE 15 - Liability
15.1 Once the consumer a possible ground for a valid claim regarding liability of Broker pursuant to the completion of its mission, discovered or reasonably should have discovered, he is obliged to immediately, with modest evidence and properly substantiated the existence of the purported claim against the agency to notify it in writing under penalty of forfeiture of rights. Any claim against the Property expires after one year after the statement was made by the client, or at least should have been settled, unless the claim now before the competent court is made. Broker is not liable to the consumer, as long as his obligations to the consumer agency has failed.
15.2 The Broker shall not be liable for indirect damage and / or consequential damages and / or loss of profits. The liability of the Broker is never more than provided in these terms. Other than the consumer in the agreement and the (non) performance of any rights.
15.3 The Consumer shall indemnify the Broker for third party claims for damages caused by the Consumer to the Broker incorrect or incomplete information, unless the consumer proves that the damage is not related to culpable act or omission on his part or caused by intent or gross negligence of the Property. The first and second paragraph of this limitation of liability provision set out is also stipulated for the benefit of third parties by the Broker, which therefore directly invoke this limitation of liability.
15.4 The Broker is not responsible for the proper and complete transmission of the content of a sent e-mail or the timely receipt.
ARTICLE 16 - Other
16.1 If and insofar as based on the reasonableness and fairness or heavy nature of any provision of these Terms and Conditions no appeal can be made, is the relevant provision as to the content and purpose in each case as much as possible equal significance , so that this can be invoked.
16.2 In the event this agreement and the confirmation of conflicting provisions, subject to the conditions contained in the order confirmation.
16.3 All agreements between the consumer and the broker to which these Conditions apply, subject to Dutch law.
16.4 All disputes related to agreements between the consumer and the agency to which these Conditions apply shall be settled by the competent court in the District of Amsterdam.
