General Terms and Conditions

Makelaardij Danique Irene | Expat Living By Danique Irene

Article 1 – Definitions
Client: any natural or legal person who enters into an agreement with the Broker.
Broker: Makelaardij Danique Irene registered with the Dutch Chamber of Commerce under number 92870767.
Agreement: the brokerage contract between the Broker and the Client, recorded in writing.
Services: all activities performed by the Broker in the context of selling, purchasing, letting or renting real estate.

Article 2 – Applicability
These general terms and conditions apply to all agreements, offers and services of the Broker. Deviations are only valid if confirmed in writing.
If any provision proves to be invalid, the remaining provisions shall remain fully in force.

Article 3 – Services of the Broker
The Broker mediates in the sale, purchase, letting and/or renting of real estate. The Broker undertakes a best-efforts obligation, not an obligation to achieve a result. The Broker may engage third parties (such as photographers, notaries or maintenance companies). Costs thereof will only be charged if agreed upon in advance.

Article 4 – Obligations of the Client
The Client shall provide all data and documents necessary for the proper execution of the assignment.
In case of letting, the Client guarantees that the property complies with statutory requirements (such as safety and maintenance).
In case of expat letting, the Client is responsible for complying with tax and legal obligations (such as municipal registration or reporting to the Tax Authorities).

Article 5 – Commission and costs
The commission will be laid down in the agreement and is due upon the conclusion of a tenancy or purchase agreement through the Broker’s mediation. For letting, the commission is calculated on the total (gross) rent of the agreed rental period, including service charges and excluding VAT. Costs for marketing, promotion or additional services will only be charged if agreed upon in writing. Payment must be made within 14 days from the invoice date.

Article 6 – Specific provisions for expat letting
The Broker mediates in letting to expats but is not liable for the behaviour or payment behaviour of the tenant.
The Broker advises the Client on deposit, diplomatic clauses and contract types, but the final choice and responsibility lie with the Client.
The Broker is not liable for damage to the property or default by the tenant.

Article 7 – Liability
The Broker is only liable for direct damage resulting from intent or gross negligence. Any liability is limited to the amount paid out by the Broker’s professional liability insurance. The Broker shall never be liable for indirect damage such as consequential loss, lost profits or missed rental income.

Article 8 – Duration and termination
The agreement is entered into for the duration as recorded in writing. Both the Client and the Broker may terminate the agreement in writing, subject to one month’s notice unless otherwise agreed. If a transaction is concluded with a party introduced by the Broker within 12 months after termination of the agreement, the commission remains due.

Article 9 – Complaints and disputes
Complaints must be submitted in writing within 14 days of discovery. The Broker will respond to the complaint in writing within 30 days.
All agreements are governed exclusively by Dutch law. Disputes will be submitted to the competent court in the district where the Broker is established.