Terms and conditions
Terms and conditions
Article 1 Applicability
These Mediation Terms and Conditions apply to all offers and on all mediation assignments, as well as those arising therefrom additional mediation agreement(s) and agreements between Find Real Estate and the home seeker, hereinafter referred to as ‘Client’.
Article 2 Definitions
2.1. Find Real Estate: A real estate agency registered with the Chamber of Commerce Amsterdam under number: 89498232 can be found at the web address: http://www.findrealestate.nl, hereinafter referred to as ‘Find Real Estate’.
2.2. Home seeker: Any natural or legal person who Find Real Estate to mediate in the search for living space does not belong to the Find Real Estate portfolio.
2.3 Mediation is understood to mean: Find’s best efforts obligation Real Estate focuses on the payment of an agency fee (Brokerage) by the Client bringing the Client into contact with potential lessor(s), so that the Client can deal with a lessor of a living space concludes a rental agreement, or against a mediation settlement (brokerage) by contacting the Client of the Client with potential sellers so that the Client has a expires a purchase agreement. This includes guidance by Find Real Estate when viewing(s) one or more living space(s) all this as referred to in Article 7:425 of the Dutch Civil Code.
2.4 Brokerage fees or brokerage fees are understood to mean: Client owes Find Real Estate consideration for its mediation activities.
2.5 Provisions that deviate from these general terms and conditions of mediation are only part of the agreement concluded between the parties if and insofar as the parties have expressly agreed in writing.
2.6 The term ‘written’ in these general terms and conditions of mediation also includes: email, fax or any other means of communication that with a view to the state of the art and in society prevailing views can be equated with this.
2.7 The to be produced by Find Real Estate or by the Client written advice, documents, (valuation) reports, investigations, etc. will hereinafter be referred to as ‘the modest’. ‘The documents’ are understood to mean written documents and works recorded on other media, such as on computer disks, on USB sticks or any other data carriers. Some things, unless parties have expressly agreed otherwise in writing.
2.8 Find Real Estate reserves the right to change regulations the general mediation conditions of Find Real Estate to change.
2.9 The inapplicability of (part of) for whatever reason a) provision of these general terms and conditions of mediation leaves the the applicability of the other provisions remains unaffected.
Article 3 Agreements, assignments
3.1 Verbal agreements only bind Find Real Estate after these have been confirmed in writing by Find Real Estate or as soon as Find Real Estate with the consent of the Client, a start with the implementing acts.
3.2 Additions or changes to the general terms and conditions of mediation or otherwise, become changes or additions to the agreement only binding after written confirmation by Find Real Estate.
Article 4 Obligations of the Client, liability of brokerage
4.1 The Client must ensure that any necessary information for the execution of the agreement promptly and in due time Find Real Estate The desired form is available to Find Real Estate are stated.
4.2 The Client will cooperate in all respects proper execution of the mediation agreement by both parties. The Client will not do and/or omit anything that is proper hinders or may hinder the performance of this agreement.
4.3 If the Client and/or his relations appear to be living in a living space, of which the Client has the details of Find Real Estate has obtained, the Client will pay the brokerage fee to Find Real Estate due, regardless of whether the rental or purchase agreement is brokered of Find Real Estate has been created
4.4 If, for whatever reason, the Client does not move in the home for which Find Real Estate has brokered a rental or purchase agreement has been concluded, or if the rental or purchase agreement for this home is terminated, annulled or dissolved, the Client remains obliged to pay the brokerage fee and has The Client is not entitled to a full or partial refund thereof.
4.5 If the Client after giving an agreement for the rental of a living space, for reasons that are not up to Find Real Estate no longer wishes to rent the accommodation The client is obliged to pay an amount to Find Real Estate equal to the brokerage paid by the Client to Find Real Estate would have been due if a rental agreement had been definitively concluded would have been reached with the landlord in question. In addition The Client is obliged to indemnify Find Real Estate for any eventualities damage suffered by the relevant landlord. With comments [DvL1]: This is not possible due to the reflection period upon purchase
4.6 If the obligations stated in this article are not met on time has been met, Find Real Estate is entitled to suspend the execution of the agreement to suspend until the Client complies with this obligations have been met. The costs associated with the incurred delay or the costs of carrying out additional work or the other consequences resulting from this are at your expense risk of the Client.
4.7 If the Client requests Find Real Estate to submit a formal rental proposal to a landlord or rental agency and the proposal is accepted by the landlord, resulting in the provision of a rental contract, the Client is obliged to pay the full brokerage fee, equivalent to one month’s rent plus VAT, to Find Real Estate, even if the Client later decides not to proceed with the rental agreement for reasons not attributable to Find Real Estate
Article 5 Personal data
The Client’s data are included in the administration of Find Real Estate. Find Real Estate provided without permission from the Client, no data will be passed on to third parties. The registered data will only be used by Find Real Estate for the execution of agreements concluded with the Client agreements.
Article 6 Progress, execution of assignment/agreement
6.1 Find Real Estate is obliged to complete the assignment/agreement expert, careful manner and following the requirements of her industry applicable standards.
6.2 Find Real Estate cannot be obliged to implement the agreement earlier commence the work after all necessary steps have been taken data in its possession.
Article 7 Duration of agreement, best efforts obligation Find Real Estate
7.1 A mediation agreement runs for an indefinite period, unless otherwise agreed in writing.
7.2 Find Real Estate will make every effort to the best of its ability and knowledge to achieve the result desired or intended by the Client. This is at all times an obligation of best efforts on the part of Find Real Estate and no result obligation. Failure to achieve the aforementioned result will result in dismissal The Client therefore does not fulfill its obligations towards Find Real Estate, excluding any obligations incurred by the parties are explicitly linked to achieving the intended result.
Article 8 End and cancellation of the mediation agreement
8.1 Unless otherwise agreed and without prejudice to the otherwise stipulated in these general terms and conditions of mediation, the mediation agreement, including through:
a. fulfilment of the agreement by Find Real Estate;
b. cancellation by the Client;
c. cancellation by Find Real Estate.
8.2 The agreement is fulfilled as soon as the intended result has been achieved.
8.3 The Client and Find Real Estate are authorized to do this to cancel the agreement at any time.
8.4 Parties can proceed with the termination of the agreement termination does not give rise to any right to compensation, unless cancelled due to failure to comply with one or more obligations by the other party.
Article 9 Mediation fee
9.1 The home seeker gives Find Real Estate an assignment looking for a living space that largely or completely meets the requirements specified selection preferences. Find Real Estate works following ‘No Cure No Pay principle. After suitable accommodation for the home seeker is found, the home seeker has to Find Real Estate mediation fee is due.
9.2 If Find Real Estate concludes a rental agreement through its mediation this brokerage fee amounts to one month’s rent plus VAT. These brokerage costs should be paid before the keys to the rented property are handed over.
9.3 If Find Real Estate concludes a purchase agreement through its mediation This mediation fee is a mutually agreed upon brokerage fee to be determined in consultation, plus VAT. These mediation costs must be paid within 2 working days after the delivery of the object and must be paid via the notary arranging delivery of the object. The Client undertakes to do so see that the invoice for this brokerage fee is included in the settlement invoice recording.
9.4 If the amount due is not paid within the payment term fulfilled, a reminder will be sent. If the claim is not paid within 7 days after the first reminder, a second reminder will be sent. With the second reminder, the home seeker owes contractual interest on the invoice amount equal to the statutory interest. If no later than 14 days after the second reminder the claim is not paid, the home seeker is to Find Real Estate extrajudicial collection costs of 15% of the invoice amount with a minimum of €250. If no payment has yet been made received, the home seeker is liable for the costs incurred by Find Real Estate must make to collect its claim.
9.5 The home seeker owes Find Real Estate the full brokerage fee owed if it appears that the home seeker was without the knowledge of Find Real Estate subsequently accepted the living space, which had previously been offered to the home seeker by Find Real Estate and he refused.
9.6 If the home seeker gives Find Real Estate the assignment for mediation in finding a home is mandatory for home seekers to conclude a rental or purchase agreement with a housing provider through Find Real Estate. As the rental agreement is concluded in another way, the home seeker is a non-mitigated fine owed to Find Real Estate one month’s rent plus VAT. If the purchase agreement is created without Find Real Estate being involved home seeker, a fine that is not subject to mitigation to Find Real Estate due to the amount of 1.5 of the purchase price in addition with VAT.
9.7 The home seeker must have met the following requirements before the accommodation is made available to him:
– the rental agreement must be signed by all parties;
– the home seeker has paid the rent and deposit due;
– the home seeker has submitted the Find Real Estate mediation fee paid.
With a purchase agreement, the house can only be purchased after all conditions have been met be made available before delivery has been completed.
9.8 Parties can proceed with the termination of the agreement termination does not give rise to any right to compensation, unless canceled due to failure to comply with one or more obligations by the other party.
Article 10 Liability
10.1 If Find Real Estate mediates in establishing a rental agreement between landlord and tenant, or a purchase agreement between seller and buyer, Find Real Estate is never party to the rental or purchase agreement and he is not liable for the content and execution of the rental or purchase agreement. Find Real Estate is under no circumstances liable for damage suffered by the Client which is the result of the situation that the rental price and/or the agreed service (costs) and/or the additional one-off or non-recurring fees are not in accordance with the law.
10.2 Find Real Estate performs its duties as a company does industry may be expected, but does not accept any liability for damage, including consequential damage, business damage, loss of profit and/or stagnation damage, which is the result of actions or omissions of Find Real Estate, its staff or by its engaged third parties.
10.3 Find Real Estate is not liable for damage caused by the Client suffers as a result of actions or omissions by the other party to the mediation of Find Real Estate rental agreement.
10.4 The limitations of liability included in this article do not apply if the damage is due to intent and/or deliberate intent recklessness of Find Real Estate.
10.5 Without prejudice to the provisions of the other paragraphs of this article liability is at all times limited to the amount of the underwriter of Find Real Estate in the appropriate case payment, insofar as Find Real Estate is insured for this.
10.6 If Find Real Estate is not insured as referred to in the previous paragraph Find Real Estate’s liability is at all times limited to two times the amount of the amount proposed by Find Real Estate to the Client charged and/or charged for its work and/or services bring brokerage.
10.7 Find Real Estate is not liable for the consequences of any damage and/or defects to the home that occurred upon acceptance The client of the home is present. It is up to the Client himself to check the home for any damage and/or defects and if necessary to speak to the landlord or seller about this.
Article 11 Competent court, applicable law
11.1 Concluded between Find Real Estate and the Client The agreement is exclusively governed by Dutch law. The disputes arising from this agreement