Definitions and Concepts In these general terms and conditions, the following terms will have the following meanings: a. Consumer: Client, natural person, who may be acting under a profession or business. b. Broker: Amsterhomes.com c. Commission: The commission contract regarding the provision of services, entailing the brokerage with regard to the rent or lease of immovable properties and other services to be carried out by the broker. d. Fees: the amount payable by the consumer for the services provided by the broker, including the brokerage fee as mentioned under e; e. Brokerage fee: the amount which the consumer owes in respect of the brokerage regarding the rent or lease of immovable properties.
2.1 These general terms and conditions apply to the formation and implementation of a commission contract concluded between consumer and broker regarding immovable properties situated in the Netherlands.
2.2 These general terms and conditions apply to all current and future commission contracts between broker and consumer.
2.3 Provisions that deviate from these general terms and conditions will only be valid if agreed and confirmed in written form.
2.4 These general terms and conditions will be sent to the consumer accompanied by the contract confirmation.
2.5 Applicability of general terms and conditions of the client on a contract with the broker is not possible.
General and personal offer
3.1 The general offer of the broker to the consumer includes a clear description of the services that the consumer in question may expect from the broker. The general offer also includes the fee for the services and any other conditions under which the service is provided.
3.2 Upon cognizance of the general offer by the consumer, the broker will provide the consumer the opportunity to negotiate in order to reach a personal offer.
3.3 The broker will ensure that the eventual personal offer will be recorded in written or electronic form in a commission contract form, referring to the applicability of these general terms and conditions.
3.4 Both personal and general offers are accompanied by a copy of these general terms and conditions.
Formation of the commission The commission contract is concluded once the broker has received the contract confirmation signed by both the broker and the consumer.
Term of the commission Unless agreed otherwise between parties, the commission is concluded for an indefinite period of time.
End of the commission
6.1 The commission will end through: a. completion of the commission by the broker b. termination of the commission by the consumer c. termination of the commission by the broker d. dissolution by one of the parties e. the death of the consumer.
6.2 The broker is deemed to have fulfilled its commission as soon as the agreed performance has been delivered or – in case of mediation by the broker – once the intended agreement between the specific parties has been concluded as a consequence of the services provided by the broker.
6.3 A commission can be terminated by the consumer at all times and without observing a notice term, unless broker and consumer have agreed to a specific term. Broker is entitled to compensation of costs already incurred within the meaning of article 13 and, if and insofar as agreed in granting the commission, to a percentage of the agreed brokerage fee. Notice of termination of a commission must be given in writing or electronically.
6.4 The broker can terminate the commission for serious cause. Serious cause shall in any case be deemed to include a serious disturbance of the relationship between the broker and the consumer. The notice of termination by the broker must be given in writing or electronically.
6.5 A commission can be dissolved when there is a failure to perform on the part of the other party. In this context, ‘other party’ is deemed to refer to the other party of the broker (this is: the consumer / client) or the other party of the consumer (this is: the broker). The notice of termination must be given in writing or electronically.
6.6 The date of dissolution of the commission shall be the date on which the broker or the consumer, respectively, receives the (written or electronic) notice of termination, dissolution or death, or the later date mentioned in this notice.
Income tax, exigibility
7.1 The agreed fee and additional costs, unless agreed otherwise, excluding the statutory sales tax (VAT).
7.2 All claims for brokerage or fees due are immediately due or payable once the rent or sales contract is concluded or the commission is carried completed, or this is terminated for other reasons.
Obligations of the broker
8.1 The Broker carries out the commission it has accepted to its best knowledge and ability, respecting the interest of the consumer. Unless agreed otherwise, the broker may bring in third parties to carry out the activities required to execute the commission, under its responsibility.
8.2 During execution of the commission, the broker is authorized to bring in third parties, while excluding these third parties from any liability (the applicability of article 6.67 BW is excluded). In connection with this, the broker specifically notes that the consumer himself is responsible for conducting a valuation on the property in question. These activities are explicitly excluded from the agreement with the broker. Therefore, the broker will not take any responsibility for the content of the valuation report.
8.3 The broker will keep the consumer informed about the progress of the service provision.
8.4 Notwithstanding article 7:402 BW, the broker determines how and by whom the commission is carried out, though taking into account the wishes of the consumer as far as possible. The consumer has informed the broker of these wishes in written form.
8.5 The broker is not entitled to conclude contracts on behalf of the consumer, unless the consumer has granted a full authorization in written form or electronically.
8.6 The broker will send the consumer an invoice stating a reasonable term for payment. If the consumer fails to pay the invoice within this period, the broker will send him a reminder stating that the invoice is to be paid within two weeks upon receipt of the reminder.
Obligations of the consumer
9.1 The consumer provides the broker with all information, to the best of its knowledge and ability, that the broker needs for a proper execution of the commission. The consumer is obliged to inform the broker immediately of any facts and circumstances that may be of importance in relation to the execution of the commission. Any costs incurred due to delay in the execution of the commission, resulting from failure to provide the necessary information (timely), are on behalf of the consumer.
9.2 The consumer pays the broker for services in conformity with the agreements made within the period of payment stated on the invoice. Failing timely payment and failing to respond to the payment demand mentioned in article 8 paragraph 5, the consumer is in default and the broker is entitled add statutory interest to the amount payable.
9.3 After the two week period mentioned in article 8 paragraph 6, without further notice, the broker is entitled to proceed to collection of the owed amount, increased by statutory interest. In addition, the consumer also owes extra-judicial costs being at least 15% of the main amount, without prejudice to the consumer’s obligations towards the broker to cover the actual extra-judicial collection costs, to the extent that this exceeds the amount. By actual costs, we mean the cost of recruiting a lawyer and any other specialists.
9.4 In case a commission is granted by more than one person, each of them is jointly and severally liable for the payment of all amounts due by whatever virtue.
9.5 The broker does not provide valuations, so –if necessary- the consumer is responsible for the preparation of a valuation report.
9.6 Unless agreed otherwise, the consumer is not permitted to conclude any agreements outside of the broker, to enter into negotiations, to use similar services of others and/or carry out activities that could harm the broker in fulfilling its commission, or that interfere with its activities.
Commission for mediation, sub-services
10.1 The core of a mediation commission is providing advice about and conducting negotiations. In addition, unless agreed otherwise, with regard to a commission for mediation, the consumer can also opt for the following sub-services: – Consultation and advice regarding the possibilities towards concluding the proposed contract; – Providing and supervising visits – Supervision of the settlement
10.2 For the sub-services mentioned in article 10.1, a separate commission can also be provided. These terms and conditions apply to the sub-services to the extent that the nature of the provisions are not inconsistent.
11.1 The consumer owes the broker a brokerage fee if an agreement is concluded with regard to an immovable property during the term of the commission.
11.2 The formation of an agreement is also construed to apply if the consumer cooperates with an act as a consequence of which the immovable property is wholly or partly sold, leased or allocated to the consumer and/or a third party, and in relation to this the execution of the commission is discontinued.
11.3 After termination of the commission within the meaning of article 6 paragraph 1 sub b through e, the consumer shall not owe any brokerage fee if an agreement is concluded in respect of an immovable property, unless: – the consumer has acted in conflict with the contents of article 9.6; – The broker makes it sufficiently plausible that the formation of the agreement with regard to the immovable property is the consequence of the services provided by the broker to the consumer during the term of the commission.
11.4 When a brokerage obligation arises from the contents of paragraph 3 of this article, the broker is entitled to a part of the brokerage fee to be determined in all reasonableness. This determination shall take into account the activities already carried out by the broker, the advantage this brings to the consumer, and the grounds on which the commission has been terminated.
11.5 If a negotiated contract is not implemented, the broker retains the right to the full brokerage fee, unless this is a result of default on the part of the broker.