General Terms and Conditions

General Terms and Conditions Makelaar1 Buy September 2012

Part 1. General

Article 1 – Scope
All our activities are subject to the General Consumer Conditions NVM. You can find a copy of these conditions on our site www.makelaar1.nl.
If the conditions of Broker1 deviate from these conditions of NVM, the conditions of Makelaar1 take precedence.
The definitions and terms mentioned in the General Consumer Conditions NVM (article 2) apply accordingly to these Conditions of Makelaar1.

Article 2 – Assignment
An assignment as referred to on our site is issued if the consumer has provided the assignment digitally or by other written means to Makelaar1 and has paid the costs to Makelaar1. This certainly includes completing the application form on the broker’s site.

By giving the order the consumer declares that he is authorized to deliver the immovable property. If the consumer acts on behalf of third parties then he shall make the written power of attorney available to Makelaar1.
The consumer is obliged to make a copy of his identity document available to Makelaar1 immediately after giving the order.

Article 3 – Liability and assignment
Broker1 is never liable for an amount exceeding the merit defined in the assignment. If this leads to an exceptionally unreasonable individual case then Makelaar1 is never liable to more than the coverage of the liability insurance. If it does not or does not fully cover it, then this exception rule will cease to apply.

Article 4 – Duration of the assignment
In principle, the assignment is for the duration of up to 3 years and/or fifty viewing requests forwarded by us. The assignment can be terminated by the consumer. There is then no right to a refund of monies already paid or the non-payment of services/supplies already provided. Makelaar1 can terminate or suspend the assignment without refund of monies already paid after 3 years.

Article 5 – End of the assignment
Upon withdrawal of the assignment, the consumer shall owe no additional compensation to Makelaar1 than the already paid costs for the assignment of €595,– plus any additional costs incurred.
There are no reasons to moderate this fee, including death, bankruptcy, suspension of payment, etc.

Article 6 – Obligations of the consumer
The consumer is obliged to fill in the digital application form as completely as possible. The consumer himself is responsible for supplying correct data. In case of cancellation (within 48 hours before the appointment date) of a scheduled NEN measurement by one of our brokers, we will charge € 75,– as compensation.

If the consumer provides incorrect information to a candidate either orally or in writing, intentionally or unintentionally, the consumer indemnifies the broker from any liability.

The consumer is obliged to disclose all relevant details regarding the real estate to Makelaar1 and the buyer.

The consumer is obliged to check all information from Makelaar1 that becomes available to third parties for accuracy. Any errors in these statements are at the risk and expense of the consumer, unless it concerns statements concerning the organization of Makelaar1.

Article 7 – Payments
Payments must be made before the assignment is actually carried out. The real estate, for example, will therefore only be registered on www.makelaar1.nl and www.funda.nl once payment has been made. Non-publication for this reason does not constitute grounds for default or compensation otherwise. The obligation to pay in full remains. If Makelaar1 removes the property entirely or partially from an internet site due to non-payment of a (partial) service, this does not constitute a breach of contract nor can it result in compensation for damages in any sense.
If Makelaar1 has to incur costs to collect payments then these costs will be fully borne by the consumer.

Part 2. Services

Article 1 – Description of assignment.
The work of Makelaar1 includes the following:
The minimum mandatory parts of article 11 of the
General Consumer Conditions of the NVM;
Based on the consumer’s information, an indication of the sales value and the asking price is given in writing or verbally. Consumer determines the asking price;
Processing this data in the NVM system so that it can also be viewed by other brokers and their possible buying clients;
Listing the details as provided by the consumer regarding the sale of the property on Funda, www.makelaar1.nl and any other sites, Broker1 will add to the listing text itself a standard text to protect the seller;
Sending a sales sign;
Passing on the data as provided by the consumer to interested parties insofar as they have reported directly to Broker1;
Passing on to the consumer the data of third parties interested and viewers. Thus acting as an intermediary during viewings;
Making available the additional possibilities of selling Makelaar1;
Giving advice by email or telephone regarding the sales procedure;
Conducting negotiations on behalf of the consumer;
Concluding a purchase agreement if and to the extent that there is verbal or written consent from the consumer here;
Transmitting the key details of buyer and seller and any special conditions to the notary. In principle, unless other arrangements have been made, Makelaar1’s house notary will pass on the details;
If the house notary is not allowed to act as passing notary then Makelaar1 will make a deed of sale in the above manner, unless the property is located in a place where it is not customary for a broker to make the deed of sale, such as Amsterdam. If, due to the nature of the immovable property, the wishes of the buyer and/or seller, the deed of sale involves an exceptionally complicated deed of sale, such as in the case of leasehold or beneficial ownership transfer, houseboats, Makelaar1 will not make the deed of sale and the passing notary will do so. In principle, the costs are for the buyer, unless this is exceptionally unreasonably onerous for the buyer, in which case the costs are shared proportionally between buyer and seller. Makelaar1 fee is not reduced by outsourcing the purchase agreement. Makelaar1 has 5 working days after receiving all the necessary information from both seller(s) and buyer(s) to prepare the draft purchase agreement.

There is therefore no question of a complete Order for Services, but of a number of partial services, as mentioned in the General Consumer Conditions NVM. Matters other than those mentioned above do not form part of the assignment as given to Estate Agent 1. If the Consumer wishes to make use of other services and/or deliveries, further costs will be charged. These are listed on the website of Makelaar1. Should Makelaar1 take any of these services and deliveries for its own account then it can never be held liable for damages towards the consumer or third parties.

The following are not part of the standard activities of Makelaar1: a viewing of the immovable property, a preliminary inspection of the immovable property, presence at the signing of the deed of sale, presence at the notary’s office when the deed is executed.
If the consumer has contractual (e.g. as described in the title deed) or other obligations towards third parties, for example by granting an option to purchase or right of first refusal, the consumer should settle these obligations himself, preferably before the real estate is offered via the broker.

If and to the extent that a consumer decides to independently take over activities that could fall within the work of Makelaar1, this is permitted. Naturally, these independently developed activities and the possible consequences thereof are entirely the responsibility of the consumer. Performing independently or without consulting Makelaar1 to perform (part of) the services of Makelaar1 has no consequences for the fees paid or payable.

Article 2 – Publicity
By signing the order, the Consumer agrees that Makelaar1 may advertise or use the real estate for advertising purposes. Any damage caused by this to the consumer does not entitle to any compensation.
If other websites than www.funda.nl and www.makelaar1.nl take over the information of the real estate, this will be done without permission of Makelaar1. Makelaar1 is not liable for any damage resulting from taking over and/or publishing the information of the real estate. Even if Makelaar1 agrees to publish the information, it is not liable for any damages to consumers.

Article 3 – Fee and expenses
Unless otherwise expressly agreed, the fee is €595. If Makelaar1 gives a discount on the fee this will be explicitly mentioned in the order.

All of Makelaar1’s additional services and supplies (and costs) are listed on the website or otherwise made known.

If, for any reason, Makelaar1 does not provide certain parts of its service in whole or in part, this does not give rise to a reduction in the brokerage fee or costs.