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Real Estate Agent Agreement With Broker Template for Netherlands

A comprehensive agreement governed by Dutch law that establishes the professional relationship between a real estate broker/agent and their client for property-related services. The document outlines the scope of services, commission structure, and responsibilities of both parties while ensuring compliance with Dutch real estate regulations, including the Dutch Civil Code (Burgerlijk Wetboek) and relevant professional standards. It incorporates essential provisions for WWFT compliance, data protection under GDPR, and professional certification requirements specific to the Netherlands real estate market.

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What is a Real Estate Agent Agreement With Broker?

The Real Estate Agent Agreement With Broker is a fundamental document used in the Netherlands real estate market to formalize the relationship between professional real estate agents/brokers and their clients. This agreement is essential for any property transaction services, whether buying, selling, or renting properties in the Dutch market. It must comply with specific Dutch regulations including the Burgerlijk Wetboek (Dutch Civil Code), Wet op het financieel toezicht (Financial Supervision Act), and professional certification requirements. The document typically includes detailed service descriptions, commission structures, professional obligations, and regulatory compliance measures specific to the Dutch real estate sector. It's particularly important as Dutch real estate transactions require specialized knowledge of local market practices and legal requirements.

What sections should be included in a Real Estate Agent Agreement With Broker?

1. Parties: Identification of the broker/agency and the client, including registration numbers, addresses, and relevant professional certifications

2. Background: Context of the agreement, including whether it relates to purchase, sale, or rental services

3. Definitions: Key terms used throughout the agreement, including professional terminology and regulatory references

4. Scope of Services: Detailed description of the broker's services, including property valuation, marketing, viewings, negotiations, and documentation

5. Obligations of the Broker: Professional duties, standards of care, confidentiality, and regulatory compliance requirements

6. Obligations of the Client: Client's responsibilities, including providing accurate information and necessary documentation

7. Fees and Expenses: Commission structure, payment terms, additional costs, and expense reimbursement

8. Duration and Termination: Term of the agreement, notice periods, and grounds for termination

9. Liability and Insurance: Limitation of liability, professional indemnity insurance, and force majeure provisions

10. Data Protection: GDPR compliance, data processing terms, and privacy obligations

11. Governing Law: Application of Dutch law and jurisdiction clause

What sections are optional to include in a Real Estate Agent Agreement With Broker?

1. Exclusivity: Used when the agreement is exclusive, preventing the client from engaging other brokers

2. Marketing Budget: Include when specific marketing activities and budgets need to be agreed upon

3. Property Management: Required when the broker will provide ongoing property management services

4. International Services: Include for cross-border transactions or international clients

5. Special Instructions: Used when client has specific requirements or preferences for property criteria

6. Conflict Resolution: Optional detailed dispute resolution procedures beyond standard court jurisdiction

7. Sub-agents: Include when the broker may need to engage other agents or partners

What schedules should be included in a Real Estate Agent Agreement With Broker?

1. Schedule 1 - Fee Structure: Detailed breakdown of commission rates, additional services costs, and payment terms

2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards

3. Schedule 3 - Property Details: For sale/purchase mandates: specific property details or search criteria

4. Schedule 4 - Marketing Plan: Detailed marketing strategy and activities (if applicable)

5. Appendix A - Professional Certifications: Copies of relevant broker certifications and registrations

6. Appendix B - General Terms and Conditions: Standard terms and conditions of the broker/agency

7. Appendix C - Privacy Notice: Detailed GDPR privacy notice and data processing information

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use

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