The Seller Agency Agreement is a fundamental document in Dutch real estate transactions, establishing the legal framework for the relationship between property sellers and their chosen real estate agents. This agreement is essential when a property owner wishes to engage a professional agent to market and sell their property in the Netherlands. The document addresses crucial aspects such as the agent's authority to act on behalf of the seller, commission structures, marketing responsibilities, and compliance with Dutch real estate regulations. It's particularly important as it defines the scope of the agent's services, protection of both parties' interests, and ensures compliance with Dutch Civil Code requirements, especially those pertaining to agency relationships (lastregistratie) and property transactions. The agreement can be used for both residential and commercial properties, incorporating necessary provisions for different types of real estate transactions while maintaining compliance with Dutch legal requirements.
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1. Parties: Identification of the seller (principal) and the real estate agent (agent), including full legal names, addresses, and registration details
2. Background: Context of the agreement, including brief description of the property to be sold and the parties' intention to enter into an agency relationship
3. Definitions: Key terms used throughout the agreement, including Property, Services, Commission, Marketing Materials, etc.
4. Appointment and Scope: Formal appointment of the agent and detailed description of services to be provided
5. Agent's Obligations: Comprehensive list of agent's duties, including marketing, viewings, negotiations, and reporting requirements
6. Seller's Obligations: Seller's responsibilities, including providing accurate information, access to the property, and cooperation requirements
7. Commission and Expenses: Structure and timing of commission payments, including circumstances when commission becomes due and reimbursement of expenses
8. Duration and Termination: Term of the agreement, notice periods, and grounds for termination
9. Confidentiality: Obligations regarding confidential information and data protection requirements
10. Liability and Indemnity: Limitations of liability and indemnification provisions
11. General Provisions: Standard clauses including governing law, entire agreement, amendments, and notices
1. Exclusivity: Details of exclusive agency rights, to be included when the agent has sole selling rights
2. International Marketing: Additional provisions for marketing the property internationally, if applicable
3. Online Marketing: Specific provisions for digital marketing strategies and online platforms
4. Additional Services: Details of extra services such as home staging, professional photography, or virtual tours
5. Sub-Agents: Provisions allowing and regulating the use of sub-agents or partner agencies
6. Force Majeure: Provisions dealing with unforeseen circumstances preventing performance
7. Anti-Money Laundering: Specific provisions regarding AML compliance, particularly relevant for high-value properties
8. Energy Performance: Provisions regarding energy performance certificates and related obligations
1. Property Details: Detailed description of the property, including address, registration details, and specific features
2. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Marketing Plan: Comprehensive marketing strategy and timeline
4. Service Level Agreement: Detailed service standards and response times
5. Fee Schedule: Breakdown of additional fees and expenses
6. Required Documentation: List of documents required from the seller
7. Marketing Materials Guidelines: Specifications for photography, descriptions, and other marketing materials
8. GDPR Compliance Statement: Detailed data protection and privacy provisions
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Residential Property
Commercial Property
Luxury Real Estate
Property Management
Construction
Urban Development
Retail Property
Industrial Property
Relevant Teams
Legal
Real Estate
Sales
Business Development
Compliance
Operations
Property Management
Contracts Administration
Commercial
Risk Management
Relevant Roles
Real Estate Agent
Property Manager
Sales Director
Business Development Manager
Legal Counsel
Contract Manager
Property Developer
Real Estate Broker
Commercial Director
Sales Manager
Compliance Officer
Real Estate Partner
Transaction Manager
Portfolio Manager
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