Contact details
Westersingel 4
9718 CK GRONINGEN
31 (0)50-850 77 39
info@kpmakelaars.nl
31 (0)50-850 77 39
info@kpmakelaars.nl
GENERAL TERMS AND CONDITIONS OF SERVICESK&P MAKELAARS BVModel Pararius BV 28-01-2016
Article 1: Applicability, definitions
Article 2: Cooperation of the Client in the execution of the agreement
Article 3: If the Client is looking for a home (rental)
Content of the assignment. Activities and working methods of the real estate agent
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Mediation assignment:
Other activities:
3. When carrying out his work, the Estate Agent will exclusively represent the interests of the Client and not those of the (prospective) landlord.
4. The real estate agent will never mediate on behalf of both the (prospective) lessor of a living space and the Client in the conclusion of a rental agreement for that living space.
5. The Client will, on its own initiative, provide the Estate Agent with all information, data and documents necessary for the execution of the assignment and the Client guarantees its accuracy. This information and documents include, but are not limited to: valid proof of identity, valid proof of residence in the Netherlands, recent salary specification(s), employment contract, recent bank statements (showing salary payments), employer statements and the like. The Client has the right to share this information, data and documents with third parties to the extent that this is useful and necessary to fulfill the assignment.
6. After the Client has informed the Estate Agent that it wishes to rent a living space suggested by the Estate Agent with the request that the Estate Agent inform the landlord of this and mediate in the conclusion of a rental agreement with the landlord, the Estate Agent will send this notification by e-mail. confirm to the Client. The Client has the right to withdraw his notice as referred to above by communicating this to the Estate Agent by e-mail within 24 hours after the sending of this e-mail message. After this 24-hour period, this right expires. The Client does not have this right if he has made his notification as referred to above in writing or by e-mail to the Estate Agent or has confirmed it in writing in a letter of intent signed by the Client.
Remuneration for the services provided by the Broker
7. If a rental agreement for living space between the Client and a landlord results from the services provided by the Estate Agent, the Client owes the Estate Agent a fee (brokerage). This compensation is laid down in the agreement between the parties (order for services). This compensation is owed by the Client to the Estate Agent upon conclusion of the rental agreement.
8. The compensation is deemed to be a reasonable compensation for the work that the Estate Agent performs for the Client in the execution of the agreement. The parties take into account that the compensation owed is a customary rate in the market that is not linked to the scope of the work to be carried out by the Estate Agent, but to a result to be achieved.
9. The Estate Agent has the right to ensure that the Client can only occupy the living space after the compensation has been paid to the Estate Agent.
10. If the Client and/or his relations appear to be living in a living space for which the Client has obtained the details from the Estate Agent, the Client owes the agreed compensation to the Estate Agent, regardless of whether the rental agreement has been concluded through the mediation of the Estate Agent.
11. If, for whatever reason, the Client does not move into the living space for which a rental agreement has been concluded through the mediation of the Estate Agent, or if the rental agreement for this living space is terminated, destroyed or dissolved, the Client remains obliged to pay the agreed compensation. payment and the Client is not entitled to a full or partial refund thereof.
12. If the Client, after having made the notification or written confirmation as referred to in Article 3, paragraph 6 of these GTC to the Estate Agent and after any right to withdraw that notification has expired, still withdraws his notification or otherwise prevents the establishment of a frustrates the rental agreement, the Client is obliged to compensate the Estate Agent for any damage suffered by him. The aforementioned damage will in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive rental agreement were concluded for the living space. If the amount of the agreed compensation is based on the amount of the rental price to be agreed with the prospective landlord and no rental price has yet been agreed, the compensation will be based on the gross rental price of the prospective landlord's initial rental offer. . In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective landlord in question.
13. Immediately after the Client and a prospective landlord have reached agreement on a rental agreement for a living space through the mediation of the Estate Agent, the Estate Agent will draw up a rental confirmation form of the core clauses of the rental agreements before drawing up a rental agreement to be signed by both parties. The Client is obliged to sign this rental confirmation form immediately.
Article 4: If the Client is the owner of residential accommodation (rental)
3. The Client will, on its own initiative, provide the Estate Agent with all information and documents necessary for the execution of the assignment and the Client guarantees their accuracy.
4. If a rental agreement for the living space results from the mediation by the Estate Agent for the Client, the Client owes the Estate Agent the compensation (brokerage) that the parties have agreed on. This brokerage fee is payable by the Client within 14 days after the invoice to be sent to him by the Estate Agent.
5. The compensation is deemed to be a reasonable compensation for the work that the Estate Agent performs for the Client in the execution of the agreement. The parties take into account that the compensation owed is a customary rate in the market that is not linked to the scope of the work to be carried out by the Estate Agent, but to a result to be achieved.
6. The Client instructs the Estate Agent to collect from the tenant the amounts for the first month's gross rent and the deposit. The Estate Agent will transfer the collected amounts to the Client, after settlement with any amounts owed by the Client to the Estate Agent.
7. If the Client appears to (partly) rent or (partly) let the relevant living space to one or more persons or parties, from whom the Client has obtained the details from the Estate Agent, the Client will owe the Estate Agent the agreed compensation. regardless of whether the rental agreement was concluded through the broker
8. If, for whatever reason, the tenant, with whom the Client has concluded a rental agreement through the Estate Agent, does not move into the accommodation in question, or if the rental agreement for this accommodation is terminated, destroyed or dissolved, the Client remains obliged to pay the agreed compensation and the Client is not entitled to full or partial reimbursement thereof.
9. If a (housing) permit is required for the relevant living space, then obtaining this permit for the benefit of the Client and/or tenant is at the expense and risk of the Client and the Client is obliged to pay the agreed fee regardless of whether the permit has been granted. or will be granted, unless the parties have agreed otherwise.
10. If the Client, after negotiations with a prospective tenant have commenced, whether or not after the Client has signed a declaration of intent, terminates the negotiations, frustrates and/or is no longer prepared to rent the living space in question to the prospective tenant, The Client is obliged to compensate the Estate Agent for any damage suffered by him. The aforementioned damage will in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive rental agreement were concluded for the living space. If the amount of the agreed compensation is based on the amount of the rental price to be agreed with the prospective tenant and no rental price has yet been agreed, the compensation will be based on the Client's initial rental offer. In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective tenant in question.
11. Immediately after the Client and a prospective tenant have reached agreement on a rental agreement for a living space through the mediation of the Estate Agent, the Estate Agent will draw up a rental confirmation form of the core clauses of the rental agreements before drawing up a rental agreement to be signed by both parties. The Client is obliged to sign this rental confirmation form immediately.
12. The Client declares and guarantees in all respects (including in view of possible claims of any nature from any other entitled party(ies) with regard to the living space, mortgage holder(s), insurer(s), (local) authorities, competent authorities, manager(s), other housing intermediary(s), Owners' Association and the like) are entitled to offer and rent out the living space and indemnifies the Broker against all possible claims from third parties in this regard and for all claims made by the Broker in this regard extrajudicial and judicial costs to be incurred. The real estate agent accepts no liability in this regard.
13. The Client declares that it is fully aware that, according to mandatory legislation, the tenant of living space is protected against, among other things, termination of the lease by the landlord, against excessively high rental prices, excessively high or incorrect service costs and excessively high or incorrect one-off reimbursements. when concluding rental agreements. The Client (and not the Estate Agent) determines the duration of the rental agreement desired by the Client, the amount of the rental price, the amount of the deposit, the composition of the service package, the amount of (the advance payment for) the service costs and/or the amount of any one-off fees. The real estate agent accepts no liability whatsoever for damage resulting from the content of the rental agreement, in particular with regard to its duration, the amount of the rental price, the amount of the deposit, the amount of (the net advance payment for) the service costs, the composition of the service package and the (amount of) one-off reimbursements.
14. The Client declares that it is aware that the statutory rental (price) protection referred to in Article 4, paragraph 13 of these AVD also includes arrangements that limit the possibility of temporary rental contracts to specific cases and that, if a temporary rental agreement is concluded in violation of the law or does not meet the applicable criteria, the tenant can ignore the temporary nature of the rental agreement by invoking the law. The real estate agent accepts no liability whatsoever for damage resulting from such a justified or unjustified appeal to rental protection by the tenant.
Article 5: Personal data
The Client's personal data will be included in the Estate Agent's administration. The Estate Agent will not provide information to third parties without the Client's permission, unless he is obliged to do so on the basis of a legal obligation and/or that is useful or necessary for the execution of the assignment. The registered data will only be used by the Estate Agent for the execution of the Client's assignment.
Article 6: Broker's best efforts obligation
The Estate Agent will make every effort to the best of his ability and knowledge to achieve the result desired or intended by the Client. This is at all times a best efforts obligation of the Broker and not an obligation of results. If the result is not achieved, this does not release the Client from its obligations towards the Estate Agent, with the exception of any obligations that are expressly linked by the parties to achieving the intended result.
Article 7: End and cancellation of the agreement
Article 8: Duty to complain and forfeiture of rights
Article 9: Liability
Article 10: Payment
Article 11: Competent court, applicable law
Contact details
Westersingel 4
9718 CK GRONINGEN
31 (0)50-850 77 39
info@kpmakelaars.nl
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