Real Estate Agent Contract for the Netherlands

Real Estate Agent Contract Template for Netherlands

This document establishes a legal framework for real estate agency services in the Netherlands, governed by Dutch law including the Civil Code (Burgerlijk Wetboek) and specific real estate regulations. It outlines the relationship between a real estate agent and their client, detailing services, obligations, commission structures, and compliance requirements with Dutch property law and regulations. The contract incorporates essential elements of Dutch real estate practice, including anti-money laundering provisions (Wwft), data protection requirements (GDPR/AVG), and professional standards set by organizations like the NVM (Dutch Association of Real Estate Agents).

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What is a Real Estate Agent Contract?

The Real Estate Agent Contract is a fundamental document used in the Netherlands when engaging professional real estate services for property transactions. This contract is essential for establishing clear terms between real estate agents and their clients, whether for property sales, purchases, or rentals. It must comply with Dutch legal requirements, including the Civil Code, Real Estate Agent and Valuers Act, and relevant regulatory frameworks. The document typically includes detailed service descriptions, commission structures, obligations of both parties, and specific provisions for compliance with Dutch anti-money laundering and data protection laws. It's particularly important in the Dutch market where real estate transactions are highly regulated and professional representation is common practice.

What sections should be included in a Real Estate Agent Contract?

1. Parties: Identification of the real estate agent/agency and the client, including registration numbers, addresses, and relevant licensing details

2. Background: Context of the agreement, including the client's intention to sell/buy/rent property and the agent's qualification to provide such services

3. Definitions: Key terms used throughout the agreement, including specific Dutch real estate terminology

4. Scope of Services: Detailed description of the real estate services to be provided, including property valuation, marketing, viewings, and negotiation

5. Agent's Obligations: Specific duties and responsibilities of the real estate agent, including compliance with Dutch regulations and professional standards

6. Client's Obligations: Client's responsibilities, including providing accurate information and cooperating with the agent

7. Commission and Fees: Structure and timing of payments, including commission rates and any additional costs

8. Term and Termination: Duration of the agreement and conditions for termination by either party

9. Confidentiality and Data Protection: Provisions for handling confidential information and personal data in compliance with GDPR/AVG

10. Anti-Money Laundering Compliance: Obligations regarding client identification and transaction monitoring under Wwft

11. Liability and Insurance: Extent of agent's liability and professional insurance coverage

12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

What sections are optional to include in a Real Estate Agent Contract?

1. Additional Services: Used when the agent provides extra services like property photography, floor plans, or virtual tours

2. International Clients: Additional provisions for non-Dutch clients, including language requirements and international payment terms

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

4. Mortgage Advisory Services: Included when the agent offers financial advice (requires Wft compliance)

5. Multiple Properties: Used when the agreement covers more than one property

6. Exclusivity Clause: Optional clause granting exclusive rights to the agent

7. Marketing Budget: Detailed marketing plan and budget allocation when extensive marketing is required

What schedules should be included in a Real Estate Agent Contract?

1. Schedule 1 - Property Details: Specific information about the property(ies) involved, including address, type, and characteristics

2. Schedule 2 - Fee Structure: Detailed breakdown of all fees, commissions, and additional costs

3. Schedule 3 - Marketing Plan: Specific marketing activities and timeline

4. Schedule 4 - Service Level Agreement: Detailed performance metrics and service standards

5. Appendix A - Required Documentation: List of documents required from the client for AML compliance and property listing

6. Appendix B - Privacy Notice: Detailed GDPR/AVG compliance information and data processing procedures

7. Appendix C - Agent Credentials: Copies of relevant licenses, certifications, and professional memberships

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

Construction

Property Investment

Residential Housing

Commercial Property

Retail Property

Industrial Property

Hospitality

Mixed-use Development

Social Housing

Relevant Teams

Legal

Real Estate

Sales

Operations

Compliance

Property Management

Asset Management

Business Development

Contract Administration

Risk Management

Investment

Transaction Support

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Housing Manager

Property Consultant

Real Estate Investment Manager

Asset Manager

Compliance Officer

Legal Counsel

Contract Manager

Business Development Manager

Sales Director

Property Portfolio Manager

Real Estate Operations Manager

Transaction 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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