Real Estate Broker Contract for the Netherlands

Real Estate Broker Contract Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes the professional relationship between a real estate broker and their client. The contract outlines the scope of brokerage services, including property valuation, marketing, negotiation, and transaction support, while ensuring compliance with Dutch real estate regulations, the Civil Code (Burgerlijk Wetboek), and relevant financial supervision laws. It details the rights, obligations, and responsibilities of both parties, commission structures, and service levels, incorporating specific Dutch market practices and regulatory requirements including GDPR/AVG compliance and anti-money laundering provisions.

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What is a Real Estate Broker Contract?

The Real Estate Broker Contract (Makelaarsovereenkomst) is a crucial document in Dutch property transactions that formalizes the engagement of a licensed real estate broker. This agreement is essential for any property sale, purchase, or rental transaction in the Netherlands where professional brokerage services are required. The contract is structured to comply with Dutch Civil Code requirements, professional standards set by organizations like NVM (Nederlandse Vereniging van Makelaars), and relevant financial regulations. It typically includes detailed provisions about the broker's services, commission structures, exclusivity arrangements, and compliance with Dutch property market regulations. The document is designed to protect both the broker's and client's interests while ensuring transparency in the property transaction process.

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

1. Parties: Identification of the real estate broker and the client, including registration numbers, addresses, and relevant professional memberships

2. Background: Context of the agreement, including whether the broker is engaged for selling, purchasing, or renting property

3. Definitions: Key terms used throughout the agreement, including professional terminology and specific service definitions

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

5. Duration and Termination: Term of the agreement, notice periods, and conditions for termination

6. Broker's Obligations: Detailed responsibilities of the broker, including professional standards, communication requirements, and duty of care

7. Client's Obligations: Client's responsibilities, including providing accurate information, cooperation, and exclusive appointment terms if applicable

8. Fees and Payment Terms: Commission structure, payment terms, and additional costs

9. Confidentiality: Obligations regarding confidential information and personal data protection (GDPR compliance)

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

11. Compliance: Compliance with relevant laws including Wwft (anti-money laundering) requirements

12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and competent courts

13. Signatures: Execution provisions and signature blocks

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

1. Additional Services: Used when the broker provides extra services beyond standard brokerage, such as property management or rental administration

2. International Aspects: Include when dealing with international clients or cross-border transactions

3. Digital Services: Specific provisions for online services, virtual viewings, or digital marketing packages

4. Property Management: Include when the broker will provide ongoing property management services

5. Conflict Resolution: Optional mediation or arbitration provisions before court proceedings

6. Third-Party Services: Include when external service providers (photographers, stylists, etc.) will be engaged

7. Marketing Budget: Detailed marketing arrangements and budget allocations when specific marketing campaigns are planned

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

1. Schedule 1 - Service Package Details: Detailed breakdown of specific services included in the chosen package

2. Schedule 2 - Fee Structure: Detailed commission calculations, circumstances affecting fees, and payment schedules

3. Schedule 3 - Marketing Plan: Specific marketing activities, channels, and timelines

4. Schedule 4 - Property Details: Specific information about the property being sold/purchased/rented

5. Appendix A - General Terms and Conditions: Standard terms and conditions of the brokerage firm

6. Appendix B - Privacy Policy: Detailed GDPR compliance and data processing information

7. Appendix C - Professional Certifications: Copies of relevant professional registrations and certifications

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
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Property Management

Construction

Urban Development

Retail

Hospitality

Industrial

Office Space

Mixed-Use Development

Relevant Teams

Real Estate

Legal

Compliance

Property Management

Business Development

Sales

Operations

Asset Management

Transaction Management

Client Services

Risk Management

Contract Administration

Relevant Roles

Real Estate Agent

Property Broker

Commercial Property Manager

Residential Property Manager

Real Estate Director

Property Development Manager

Real Estate Legal Counsel

Compliance Officer

Real Estate Transaction Manager

Business Development Manager

Real Estate Portfolio Manager

Housing Manager

Asset Manager

Property Consultant

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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