Real Estate Listing Contract for the Netherlands

Real Estate Listing Contract Template for Netherlands

A Real Estate Listing Contract under Dutch law (Makelaarsovereenkomst) is a legally binding agreement between a property owner and a real estate agent or agency. This document establishes the terms and conditions under which the agent will market and sell the property, including the scope of services, commission structure, and mutual obligations. The contract complies with Dutch Civil Code requirements, particularly Books 3 and 7, and incorporates necessary provisions for GDPR compliance, anti-money laundering regulations (Wwft), and financial services regulations (Wft). It outlines marketing authorizations, property details, commission structures, and the duration of the listing agreement while protecting both parties' interests under Dutch jurisdiction.

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What is a Real Estate Listing Contract?

The Real Estate Listing Contract serves as the foundational document for establishing a professional relationship between property owners and real estate agents in the Netherlands. This contract type is essential when a property owner wishes to engage a professional real estate agent to market and sell their property. It outlines crucial elements such as commission structures, service scope, and mutual obligations while ensuring compliance with Dutch legal requirements including the Civil Code, Financial Supervision Act, and GDPR. The document is particularly important as it protects both parties' interests by clearly defining responsibilities, marketing authorizations, and payment terms. It's designed to comply with Dutch real estate practice standards and includes necessary provisions for both residential and commercial property transactions. The contract can be customized to accommodate various property types and special requirements while maintaining its core legal framework under Dutch jurisdiction.

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

1. Parties: Identification of the real estate agent/agency and the property owner(s), including registration numbers and contact details

2. Background: Brief context about the property sale intention and the appointment of the real estate agent

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Price', 'Commission', etc.

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

5. Property Details: Specific information about the property being listed, including address and cadastral details

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

7. Commission Structure: Details of the agent's fees, when they become payable, and calculation method

8. Marketing Authorization: Permission to market the property and use photographs/information in promotional materials

9. Obligations of the Agent: Specific duties and responsibilities of the real estate agent

10. Obligations of the Seller: Seller's responsibilities including providing accurate information and property access

11. Data Protection: GDPR compliance provisions regarding handling of personal data

12. Liability and Insurance: Scope of agent's liability and insurance coverage

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

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

1. Exclusivity Clause: Optional clause granting exclusive rights to the agent, used when exclusive representation is agreed

2. Additional Services: Details of extra services beyond standard listing, used when additional services are requested

3. International Marketing: Specific provisions for international marketing efforts, used for high-end properties or those targeting international buyers

4. Property Management: Terms for managing the property during the sale period, used for vacant properties

5. Energy Label Assistance: Terms regarding help with obtaining required energy performance certificate, used when needed

6. Multi-Agency Arrangements: Terms for cooperation with other agencies, used in non-exclusive agreements

7. Special Conditions: Any unique requirements or conditions specific to the property or seller

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

1. Schedule 1: Property Specification: Detailed description of the property including all relevant specifications and features

2. Schedule 2: Marketing Plan: Detailed marketing strategy and planned activities

3. Schedule 3: Fee Schedule: Detailed breakdown of all fees and additional costs

4. Schedule 4: Property Photographs: Approved photographs and floor plans for marketing

5. Appendix A: Property Documentation: List of all property-related documents provided by the seller

6. Appendix B: Disclosure Statement: Seller's disclosure of known property issues or special circumstances

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

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

Sales Agreement

Sector

Sales

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Professional Services

Legal Services

Property Management

Real Estate Investment

Residential Property

Commercial Property

Retail Property

Relevant Teams

Legal

Real Estate

Sales

Compliance

Operations

Business Development

Marketing

Property Management

Contract Administration

Risk Management

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Legal Counsel

Compliance Officer

Real Estate Partner

Property Sales Manager

Business Development Manager

Contract Manager

Real Estate Operations Manager

Transaction Coordinator

Real Estate Marketing Manager

Property Sales Director

General Counsel

Real Estate Portfolio 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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