Terms and Conditions – Hoeks Makelaardij

These are the general terms and conditions of Hoeks Makelaardij. They describe the rights and obligations of both you and Hoeks Makelaardij.

Article 1. Applicability

These general terms and conditions apply to every service agreement entered into between Hoeks Makelaardij and a private or business client.

Article 2. Definitions

In these general terms and conditions, the following definitions apply:
a. Client: the principal, being either a natural person not acting in the course of a profession or business (consumer), or a legal entity/business acting in the course of a profession or business (business client).
b. Agent: Hoeks Makelaardij; the agent or the company of the agent. The agent represents the interests of the client.
c. Assignment: the agreement for the provision of services. Services include mediation in the sale, rental, or purchase of real estate, property management, and other services provided by Hoeks Makelaardij.
d. Fee: the compensation paid by the client to Hoeks Makelaardij for the services provided, excluding additional costs. The fee is often referred to as “commission” or “remuneration.”
e. Written: including by e-mail.

Article 3. Recording of the Assignment

1. Hoeks Makelaardij records the assignment in writing and refers to these general terms and conditions.
2. The assignment must at least include a description of the services, the fee, and any costs. Any additional services must be confirmed in writing, including the agreed prices.
3. Fees and costs include VAT, unless stated otherwise.
4. Once the client accepts the offer, the assignment is established. Hoeks Makelaardij must be able to prove that the offer was accepted; in case of doubt, the client is not required to pay.
5. The client receives the general terms and conditions together with the offer.

Article 4. Cooling-off Period

1. If legally applicable, the client has a fourteen-day cooling-off period to cancel the assignment.
2. If Hoeks Makelaardij fails to properly inform the client of this right, the period is extended up to a maximum of one year after the assignment was made.
3. Cancellation during the cooling-off period must be communicated to Hoeks Makelaardij in writing; a form provided by Hoeks Makelaardij may be used for this purpose.

Article 5. Obligations of Hoeks Makelaardij

1. Hoeks Makelaardij performs the assignment professionally and carefully, with the client’s interests as the priority.
2. The client will be regularly informed about progress.
3. Hoeks Makelaardij is required to maintain adequate liability insurance.
4. Personal data is processed in accordance with applicable laws and regulations.
5. Hoeks Makelaardij does not act simultaneously for both the buyer and the seller, or the tenant and the landlord, of the same property.
6. Hoeks Makelaardij may not enter into agreements on behalf of the client without written authorization.

Article 6. Obligations of the Client

1. The client provides all information necessary for the execution of the assignment.
2. The client shall not undertake actions that hinder the execution of the assignment, such as engaging another agent, unless otherwise agreed in writing.
3. The client enables Hoeks Makelaardij to comply with legal obligations, such as those under the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft).
4. In case of a sale, the client must promptly report any changes in suspensive or resolutive conditions in writing.

Article 7. Services Provided by Hoeks Makelaardij

1. Hoeks Makelaardij performs the agreed services, such as mediation, valuation, or other real estate services.
2. All services are clearly and specifically documented in writing.
3. In the case of mediation, the assignment includes at least:
   • Determining the market value of the property
   • Advising on and conducting negotiations
4. Unless otherwise agreed in writing, mediation also includes:
   • Promotional activities and marketing materials
   • Information on legal, fiscal, and structural aspects
   • Assistance with energy labels or energy performance certificates
   • Guidance during viewings
   • Advice and preparation of agreements
   • Assistance with the completion of the sale or rental process

Article 8. Fulfilment of the Assignment

1. The assignment is fulfilled once the agreed service has been completed.
2. In case of mediation, this is when both parties have signed the purchase or rental agreement and any suspensive or resolutive conditions have been fulfilled.
3. If the client purchases or rents outside the agreed area, the assignment is not considered fulfilled.

Article 9. Calculation of the Fee

1. The fee is agreed upon in advance, for example as a percentage of the purchase price, a fixed amount, or an hourly rate.
2. The purchase price is the amount paid by the buyer, excluding transfer costs, notary fees, and land registry fees.
3. For transactions involving VAT, new construction, leasehold, or building rights, specific arrangements as recorded in the assignment apply.
4. For rentals, the fee is based on the monthly rent including any movable property; discounts are not included unless otherwise agreed.

Article 10. Costs

In addition to the fee, Hoeks Makelaardij may charge additional costs, such as for advertising, provided these have been agreed in writing in advance.

Article 11. Payment

1. The fee is due upon completion of the assignment; costs are due immediately after they are incurred.
2. In case of mediation for sale, the fee is paid upon transfer of ownership at the notary.
3. Invoices are itemized and include a reasonable payment term.
4. In case of multiple clients, each is jointly and severally liable.

Article 12. Late Payment

1. If payment is not made on time, Hoeks Makelaardij will send a reminder allowing an additional payment period of two weeks.
2. If payment still remains outstanding, statutory interest and collection costs may be charged, within legal limits.

Article 13. Withdrawal of the Assignment

1. The client may withdraw the assignment at any time, preferably in writing, without notice period.
2. If there are multiple clients, withdrawal is only possible jointly.
3. Hoeks Makelaardij is entitled to reimbursement of expenses incurred but not to the fee, unless otherwise agreed.

Article 14. Return of the Assignment

1. Hoeks Makelaardij may only return the assignment for valid reasons, such as a conflict of interest or a serious disruption in the relationship with the client.
2. In such cases, the fee is not due, but reasonable expenses may be charged unless this would be unreasonable.

Article 15. Purchase or Rental Agreement Not Executed

If a purchase or rental agreement does not result in actual transfer or occupancy, Hoeks Makelaardij is entitled to the agreed fee unless it has failed to meet its obligations.

Article 16. Allocation to Owner, Partner, or Third Party

In case of allocation, the fee is calculated based on the value of the allocated share, unless otherwise agreed.

Article 17. Death of the Client

1. The assignment terminates upon the client’s death unless the heirs choose to continue it.
2. If there are multiple clients, the assignment ends upon the death of one of them unless the others wish to continue it.
3. The articles regarding withdrawal apply accordingly.

Article 18. Fee After Termination of the Assignment

If an agreement is concluded after termination of the assignment as a result of previous services provided by Hoeks Makelaardij, the fee is still due unless otherwise agreed.

Article 19. Disputes

1. Complaints must be submitted to Hoeks Makelaardij in writing.
2. The parties will first attempt to resolve any disputes amicably.
3. If necessary, disputes may be submitted to the competent court in the Netherlands, District Court of Oost-Brabant (Eindhoven or ’s-Hertogenbosch location).
4. Legal costs are borne by the party incurring them, unless the court decides otherwise.
5. Hoeks Makelaardij is not affiliated with a dispute resolution committee; both parties are free to seek legal assistance.

Article 20. Deviating Agreements

Any deviations from these terms and conditions must be agreed upon in writing by Hoeks Makelaardij.