Agency Listing Agreement for the Netherlands

Agency Listing Agreement Template for Netherlands

A legally binding agreement under Dutch law between a property owner/seller and a real estate agent or agency, authorizing the agent to market and sell the property on the owner's behalf. This document, governed by the Dutch Civil Code (Burgerlijk Wetboek), particularly Books 7 and 3, establishes the terms of the agency relationship, including the agent's authority, responsibilities, commission structure, and the duration of the listing. It incorporates specific Dutch legal requirements for real estate transactions and agency relationships, while ensuring compliance with EU regulations and local property laws.

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What is a Agency Listing Agreement?

The Agency Listing Agreement is a crucial document in Dutch real estate transactions, establishing the formal relationship between property owners and real estate agents. This agreement, governed by Dutch law, particularly the Dutch Civil Code (Burgerlijk Wetboek), authorizes the agent to market and sell the property while defining the scope of services, commission structure, and mutual obligations. It's typically used when property owners seek professional representation in the market and need a legally compliant framework for the agency relationship. The document includes essential elements required by Dutch law, such as clear identification of parties, property details, commission structures, and marketing authorizations, while incorporating relevant EU regulations and local property laws. The Agency Listing Agreement serves as the foundation for the professional relationship and helps prevent potential disputes by clearly outlining all terms and conditions.

What sections should be included in a Agency Listing Agreement?

1. Parties: Identification of the Agent and the Property Owner/Seller, including full legal names, addresses, and registration details

2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into an agency relationship

3. Definitions: Key terms used throughout the agreement, including Property, Services, Listing Period, and Commission

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

5. Property Details: Full description of the property being listed, including address, registration details, and known encumbrances

6. Listing Price and Commission: Agreed listing price range and commission structure, including payment terms and conditions

7. Duration and Termination: Term of the agreement, renewal provisions, and circumstances for termination

8. Agent's Obligations: Detailed responsibilities of the agent, including marketing efforts, showing the property, and reporting requirements

9. Owner's Obligations: Property owner's responsibilities, including providing accurate information and maintaining the property

10. Marketing Authorization: Specific permissions for marketing activities, including use of photos, videos, and property information

11. Confidentiality: Provisions regarding handling of confidential information and data protection requirements

12. Liability and Insurance: Scope of agent's liability, insurance requirements, and any limitations of liability

13. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes

14. Signatures: Execution blocks for all parties, including date and place of signing

What sections are optional to include in a Agency Listing Agreement?

1. Exclusivity Provisions: Used when the agreement is exclusive, detailing restrictions on engaging other agents

2. International Marketing: Include when the property will be marketed internationally, specifying additional services and requirements

3. Special Property Features: For properties with unique characteristics requiring specific marketing or handling

4. Post-Termination Obligations: Include when there are specific requirements about handling leads or commissions after termination

5. Sub-Agents Authorization: When the agent may need to engage other agents or parties to assist with the listing

6. Virtual Tours and Digital Marketing: Specific provisions for digital marketing strategies and virtual showing requirements

7. Seller's Disclosure Requirements: Additional disclosure requirements for properties with specific issues or characteristics

What schedules should be included in a Agency Listing Agreement?

1. Schedule 1 - Property Specification: Detailed description of the property, including floor plans, measurements, and features

2. Schedule 2 - Marketing Plan: Detailed marketing strategy and activities to be undertaken by the agent

3. Schedule 3 - Commission Structure: Detailed breakdown of commission calculations and payment terms

4. Schedule 4 - Property Documentation: List of all property-related documents provided by the owner

5. Appendix A - Photographs and Floor Plans: Approved property photographs and floor plans for marketing

6. Appendix B - Property Condition Report: Current condition of the property and any known issues

7. Appendix C - Required Disclosures: Mandatory disclosures under Dutch law regarding the property

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Agriculture (for agricultural property)

Office Space

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Property Management

Asset Management

Operations

Contract Administration

Risk Management

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Legal Counsel

Contract Manager

Business Development Manager

Sales Director

Property Developer

Estate Agency Owner

Compliance Officer

Real Estate Transaction Manager

Commercial Property Manager

Portfolio Manager

Asset Manager

Property Valuation Specialist

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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