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Agency Agreement (Real Estate) for the Netherlands

Agency Agreement (Real Estate) Template for Netherlands

This document is a comprehensive Real Estate Agency Agreement governed by Dutch law, establishing the professional relationship between a real estate agent or agency and their client (principal). It outlines the scope of services, responsibilities, commission structure, and compliance requirements under Dutch legislation, including the Dutch Civil Code (Burgerlijk Wetboek) and relevant real estate regulations. The agreement covers essential aspects such as property marketing, transaction handling, due diligence requirements, and specific provisions required under Dutch real estate agency laws, while ensuring compliance with GDPR and anti-money laundering regulations.

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What is a Agency Agreement (Real Estate)?

The Real Estate Agency Agreement (Real Estate) is a crucial document used in the Netherlands to formalize the relationship between real estate agents and their clients. This agreement is essential when a property owner or prospective buyer/tenant wishes to engage professional real estate services in the Dutch market. The document incorporates requirements from the Dutch Civil Code, real estate regulations, and professional standards set by organizations like the NVM (Dutch Association of Real Estate Agents). It typically includes detailed provisions about service scope, commission structures, exclusivity arrangements, and compliance requirements. The agreement is particularly important as it provides legal protection for both parties and ensures clarity regarding the agent's authority to act on behalf of the principal in property-related matters.

What sections should be included in a Agency Agreement (Real Estate)?

1. Parties: Identification of the real estate agent/agency and the principal (client), including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the principal's intention to engage the agent for real estate services

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Services', 'Commission', and other relevant terminology

4. Appointment and Scope of Services: Details of the agent's appointment and comprehensive list of services to be provided

5. Duration and Termination: Term of the agreement, including start date, end date if applicable, and termination provisions

6. Agent's Obligations: Detailed responsibilities of the agent, including professional standards, communication requirements, and compliance obligations

7. Principal's Obligations: Client's responsibilities, including providing accurate information and cooperation

8. Commission and Fees: Structure and timing of payments, including commission rates and any additional fees

9. Exclusivity: Whether the appointment is exclusive or non-exclusive, and related terms

10. Confidentiality and Data Protection: Obligations regarding confidential information and personal data handling under GDPR

11. Liability and Insurance: Extent of agent's liability, insurance requirements, and any limitations

12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

What sections are optional to include in a Agency Agreement (Real Estate)?

1. Multiple Properties: Additional terms for cases where the agent is engaged to handle multiple properties

2. International Services: Specific provisions for cross-border real estate services

3. Marketing Services: Detailed marketing plan and related costs when extensive marketing services are required

4. Property Management: Additional terms when the agent will provide property management services

5. Financial Advisory Services: Terms covering financial advice related to real estate transactions, if the agent is qualified

6. Sub-Agents: Provisions for cases where sub-agents may be appointed

7. Force Majeure: Specific provisions for unforeseen circumstances affecting performance

8. Anti-Money Laundering Compliance: Detailed AML procedures when dealing with high-risk transactions or clients

What schedules should be included in a Agency Agreement (Real Estate)?

1. Schedule 1 - Service Level Agreement: Detailed breakdown of services, response times, and performance standards

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees, commissions, and payment terms

3. Schedule 3 - Property Details: Specific information about the property(ies) covered by the agreement

4. Schedule 4 - Marketing Plan: Detailed marketing strategy and associated costs if applicable

5. Appendix A - Required Documentation: List of documents required from the principal

6. Appendix B - Compliance Checklist: Checklist of regulatory requirements and necessary compliance steps

7. Appendix C - Privacy Notice: Detailed GDPR-compliant privacy notice

8. Appendix D - Professional Certifications: Copies of relevant professional licenses and certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions









































Clauses








































Relevant Industries

Real Estate

Property Development

Property Management

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Professional Services

Investment Management

Relevant Teams

Legal

Compliance

Real Estate

Property Management

Operations

Business Development

Risk Management

Investment

Asset Management

Contract Administration

Transaction Management

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Legal Counsel

Compliance Officer

Real Estate Director

Investment Manager

Asset Manager

Property Consultant

Business Development Manager

Contract Manager

Real Estate Portfolio Manager

Transaction Manager

Operations Manager

Risk Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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