MAKELAARSHUIS HELMONDThis is a translation provided for your convenience. In case of any difference between this translation and the Dutch version, the Dutch version prevails.
These general terms and conditions apply to every offer, quotation, instruction and agreement between Makelaarshuis Helmond and the client. 2026 version.
Article 1 Definitions
1.1In these general terms and conditions, estate agent means: Makelaarshuis Helmond, established in Helmond, as well as its employees and the auxiliary persons it engages.
1.2Client: the natural person or legal entity who gives the estate agent an instruction to provide services.
1.3Instruction: the instruction to provide services for the sale or purchase of real property, including all annexes to it.
1.4Property: the real property to which the instruction relates.
1.5Commission (courtage): the fee owed by the client to the estate agent for the services, as set out in the instruction.
Article 2 Applicability
2.1These general terms and conditions apply to every offer, quotation, instruction and agreement between the estate agent and the client, as well as to all legal relationships arising from or connected with them.
2.2These general terms and conditions are provided to the client before or when the instruction is concluded. The client confirms receipt by signing the instruction.
2.3Deviations from these terms and conditions only apply if they have been agreed in writing. In the event of a conflict between the instruction and these terms and conditions, the provisions of the instruction prevail.
2.4The applicability of any general terms and conditions used by the client is expressly rejected.
Article 3 Formation, duration and termination of the instruction
3.1The instruction is formed at the moment the estate agent receives the instruction signed by both parties.
3.2The instruction is entered into for the term stated in the instruction and ends by operation of law when that term expires, unless agreed otherwise in writing.
3.3The client may withdraw the instruction before it ends. Withdrawal must be made in writing and does not affect the withdrawal fee agreed in the instruction or the costs already incurred.
3.4The estate agent is entitled to return the instruction at any time, including in the event of a stalled cooperation, failure by the client to provide information or documentation, reasonable doubt about the accuracy or completeness of data provided by the client, failure to meet payment obligations, or facts or circumstances that reasonably give the estate agent cause not to continue the instruction.
3.5When the instruction ends, whatever the reason, the provisions that by their nature are intended to continue remain fully in force, including in any event the provisions on post-contractual commission, liability, indemnification, the duty to complain, intellectual property and governing law.
Article 4 Nature of the services
4.1The estate agent's obligation is an obligation of best efforts. The estate agent carries out the instruction to the best of its knowledge and ability, taking into account the interests of the client. The estate agent does not guarantee any result, and expressly does not guarantee the conclusion of a purchase agreement, the achievement of a particular sale or purchase price, a particular sale or search period, or obtaining financing.
4.2The estate agent makes no statements about the expected room for negotiation on any property or about the price at which a property will ultimately be sold or bought. Every valuation, indication or advice given by the estate agent is a professional estimate and not a guarantee.
4.3The estate agent is not an appraiser, building surveyor, lawyer, notary, tax adviser or financial adviser and does not provide advice in those fields. The client is advised to seek advice on those matters from a qualified expert.
4.4The estate agent is not a party to the purchase agreement and bears no responsibility for its performance by the client or by the other party.
Article 5 Obligations of the client
5.1The client provides the estate agent, in good time, completely and truthfully, with all data, documents and information that are relevant to carrying out the instruction or that the client should reasonably understand to be relevant.
5.2The client vouches for the accuracy and completeness of the data provided, even if it originates from third parties. The estate agent may rely on that data without further investigation.
5.3The client reports known defects, particulars, encumbrances, restrictions, third-party rights, attachments, disputes and other circumstances relevant to the sale or purchase.
5.4In the case of a sales instruction, the client refrains during its term from activities that may hinder or interfere with the estate agent's work. The client does not instruct third parties, does not grant options, makes no commitments without the estate agent's involvement and refers interested parties to the estate agent.
5.5The client vouches for their authority to sell or buy, declares that they are not under legal guardianship (curatele) and declares that there are no impediments to the transfer.
5.6If the client fails to meet their obligations under this article, the estate agent is entitled to suspend the performance of the instruction or to return the instruction, without prejudice to the right to payment for work already performed and costs already incurred.
Article 6 Third-party information and duty to investigate
6.1The estate agent passes on information it receives from the client, the other party, the other party's estate agent, owners' associations, government bodies, the Kadaster, appraisers, building surveyors, energy label advisers and other third parties. The estate agent is not obliged to independently investigate or verify the accuracy, completeness or currency of that information.
6.2The client remains responsible at all times for their own statutory duty to investigate. The estate agent points out to the client that it is up to the client to obtain additional advice or have investigations carried out where necessary.
6.3The estate agent is not liable for damage arising from documents and information about a property being missing, incomplete, out of date or available too late, including title deeds, deeds of division, minutes, annual accounts, long-term maintenance plans, reserve fund data, adopted or planned contributions and levies of an owners' association, energy labels, soil data and public-law restrictions.
6.4The estate agent is not liable for changes in environmental factors, including changes to zoning and environmental plans, changes to infrastructure, new construction of homes, business parks or industry, the construction of solar parks or wind farms, and other spatial developments in the surroundings of a property.
Article 7 Measurements and floor area
7.1The client is responsible for the accuracy of the measurements and the stated floor areas of a property. The estate agent uses the floor plans and measurements supplied by the client or by third parties.
7.2A measurement in accordance with NEN 2580 can be outsourced on request. The costs of this are borne by the client.
7.3The estate agent is not liable for incorrect or deviating measurements, even if a measurement was carried out by a third party on the estate agent's instructions.
Article 8 Investigations and surveys
8.1When buying, the estate agent expressly advises always having a building survey carried out and, where there are indications that warrant it, a foundation survey.
8.2The costs of surveys and investigations are borne by the client.
8.3If the client decides against a recommended survey or investigation, this is at their own responsibility and risk. The estate agent is not liable for damage that could have come to light in such a survey or investigation.
Article 9 Financing and bidding without a financing condition
9.1The client is responsible for obtaining financing and for invoking or letting lapse dissolving conditions (ontbindende voorwaarden) in good time. All dissolving conditions are the responsibility of the client.
9.2The estate agent expressly advises making an offer subject to a financing condition and advises against making an offer without this condition.
9.3If the client nevertheless chooses to make an offer without a financing condition, this is done solely on the client's instructions and entirely at the client's expense and risk, including the obligation to fulfil the purchase agreement if the financing is not arranged, or not arranged in time, and the resulting penalty, additional compensation and other costs.
9.4The estate agent is not liable for damage arising from an offer without a financing condition, as this has been expressly advised against.
Article 10 Bidding process and sales method
10.1In the case of a sales instruction, the client determines, in consultation with the estate agent, which sales method is used. The estate agent announces the chosen method before the bidding process.
10.2The client is not obliged to accept an offer, even if it is equal to or higher than the asking price.
10.3The estate agent is not liable if a transaction does not go ahead, if an interested party pulls out, or for the acts or omissions of bidders, buyers, sellers or their advisers.
10.4The use of a digital bidding log is not required by law. The estate agent is not a member of an industry association and is therefore not bound by any mandatory use of such a log or by an industry protocol for the bidding process. The estate agent uses the Move system for the bidding process.
10.5The estate agent records all offers received, with the date, time and the conditions attached, and informs the client fully about them.
10.6In the service agreement, the client can opt for the use of a digital bidding log. If this option is chosen, all offers are recorded in the Move digital bidding log and, once the sale has become final, this log is made available in anonymised form to the interested parties who made an offer. There are no extra costs for the client for using it.
10.7Offers from interested parties are not disclosed to other interested parties, unless the client expressly instructs this and insofar as privacy legislation permits.
Article 11 Marketing, visual material and intellectual property
11.1The client agrees that the estate agent offers and publishes the property, including on funda.nl, on makelaarshuishelmond.nl, in newsletters and on the estate agent's social media channels, and that the estate agent makes the listing, with photos, drawings and videos, available to other estate agents and interested parties.
11.2Publications may remain publicly accessible after the instruction has ended, partly to promote the estate agent.
11.3The estate agent is not liable for incorrect publication, failure to publish, malfunctions of publication platforms or publication on websites on which the estate agent does not advertise itself.
11.4All brochures, texts, designs, photography, floor plans and videos produced by or on behalf of the estate agent remain the property of the estate agent or of the supplier concerned. They may not be used by the client or by third parties engaged by the client after the instruction has ended.
11.5The client guarantees that they are entitled to allow the use of the visual material they supply and indemnifies the estate agent against third-party claims in this respect.
Article 12 Engaging third parties
12.1The estate agent is entitled to engage third parties in carrying out the instruction, including photographers, stylists, draughtsmen, appraisers, building surveyors, energy label advisers and measuring firms.
12.2Where these third parties invoice the client directly, the agreement with that third party is concluded directly between the client and that third party. The estate agent is not a party to it.
12.3The estate agent is not liable for shortcomings of third parties engaged, nor for the quality, accuracy or timeliness of their work and products.
12.4The estate agent is entitled to accept limitations of liability of third parties on behalf of the client.
Article 13 Rates, commission and costs
13.1The commission and other rates are set out in the instruction. All amounts include VAT unless expressly stated otherwise.
13.2The commission excludes listing fees, publication costs, sales boosters and third-party costs, unless agreed otherwise.
13.3Costs invoiced in advance relate to third-party costs and are passed on at cost price plus statutory VAT. Amounts paid are not refunded under any circumstances.
13.4The estate agent is entitled to index its rates annually. For current instructions, the rate stated in the instruction applies.
Article 14 Payment, default and power of attorney
14.1Invoices must be paid within the term stated on the invoice or, failing that, within fourteen days of the invoice date.
14.2The client grants the notary named in the purchase agreement an irrevocable power of attorney to settle the commission owed, costs and any reminder fees at the transfer of ownership, insofar as these have not yet been paid at that time.
14.3In the event of late payment, the client is in default without any further notice of default being required and owes the statutory interest, as well as extrajudicial collection costs in accordance with the Dutch Extrajudicial Collection Costs (Standards) Act (Wet normering buitengerechtelijke incassokosten).
14.4The client is not entitled to set off or suspend their payment obligation.
14.5Any objection to an invoice must be made in writing within fourteen days of the invoice date and does not suspend the payment obligation.
Article 15 Post-contractual commission
15.1The client owes the agreed commission if, within the post-contractual period stated in the instruction, a purchase agreement is concluded with another party who, during the term of the instruction, came into contact with the property through or as a result of the estate agent, even if that agreement is concluded without the estate agent's involvement.
15.2Coming into contact includes, among other things, requesting information or a brochure, contact by phone or online, a viewing and conducting negotiations.
15.3This provision also remains in force if the instruction has been returned by the estate agent.
Article 16 Liability
16.1The estate agent is only liable for direct damage resulting from an attributable failure in the performance of the instruction, and only within the limits of this article.
16.2All liability for indirect damage is excluded. This includes in any event consequential damage, lost profits, lost savings, missed opportunities, loss of value, loss of residential enjoyment, moving, storage and double housing costs, delay damage, reputational damage and damage due to a transaction not going ahead.
16.3The estate agent is not liable for damage arising from incorrect, incomplete or outdated information originating from the client or from third parties, from shortcomings of third parties engaged, from the client deviating from expressly given advice, or from circumstances as referred to in articles 6 to 10 inclusive.
16.4If and insofar as the estate agent is liable, that liability is limited to the amount paid out in the case concerned by the estate agent's professional liability insurance, plus the deductible. The insured amount is €2,500,000 per claim. On request, the estate agent will provide information about the cover.
16.5If, for whatever reason, the insurer does not pay out, the estate agent's liability is limited to the amount of commission charged in the file concerned, up to a maximum of €10,000.
16.6A series of related events counts as a single claim.
16.7The limitations set out in this article do not apply if the damage is the result of intent or deliberate recklessness on the part of the estate agent or of managers forming part of its senior management.
16.8The limitations set out in this article are also stipulated for the benefit of the estate agent's employees and of the auxiliary persons it engages, who may invoke them directly.
Article 17 Indemnification
17.1The client indemnifies the estate agent against claims by third parties relating to the performance of the assignment, to the property or to information provided by the client, and reimburses the costs of legal assistance incurred in that connection.
17.2This indemnity does not apply to the extent that the claim is the result of intent or deliberate recklessness on the part of the estate agent.
Article 18 Duty to complain and lapse of rights
18.1Complaints about the services must be submitted to the estate agent in writing, stating the reasons, within sixty days after the client discovered or should reasonably have discovered the shortcoming.
18.2Any claim against the estate agent lapses one year after the moment at which the client became aware, or could reasonably have been aware, of the damage and of the estate agent as the liable party, and in any event two years after the end of the assignment.
18.3Submitting a complaint does not suspend the client's payment obligation.
Article 19 Force majeure
19.1The estate agent is not obliged to fulfil any obligation if it is prevented from doing so by force majeure.
19.2Force majeure also includes disruptions to networks, the internet, telephony or publication platforms, failures at suppliers, cyber incidents, fire, extreme weather, epidemics, government measures and incapacity for work of key staff.
19.3If the force majeure lasts longer than thirty days, either party is entitled to terminate the assignment in writing, without this giving rise to any obligation to pay compensation. Work already carried out and costs already incurred remain payable.
Article 20 Personal data, GDPR (AVG) and Wwft
20.1The estate agent processes personal data solely for the purpose for which it was provided and in accordance with the General Data Protection Regulation. The full policy can be consulted at www.makelaarshuishelmond.nl/privacy.html.
20.2The estate agent shares data only with bodies and suppliers that are needed to perform or improve its services. The estate agent has concluded data processing agreements with its processors.
20.3Under the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft), the estate agent is obliged to identify the client and carry out client due diligence. The client cooperates with this.
20.4The estate agent is legally obliged to report unusual transactions to the authority designated for that purpose. The estate agent is not permitted to inform the client about this. The client cannot derive any claim against the estate agent from the making of such a report.
20.5The identification and verification of the client and, where the law requires it, of the ultimate beneficial owner, takes place before the services begin, by means of an online identity check via Vidua within the Move system.
20.6The client is obliged to supply the necessary information and documents and to complete the online identity check. The costs of the client due diligence and of the identity check are borne by the estate agent.
20.7As long as the client due diligence and identification have not been fully completed, the sale cannot be started and cannot be completed. In that case the estate agent is entitled to suspend performance of the assignment or to return the assignment, without this giving rise to any obligation to pay compensation and without prejudice to the right to payment for work already carried out and costs already incurred.
Article 21 Confidentiality
21.1The parties treat all confidential information they receive from each other in the context of the assignment as confidential.
21.2This obligation does not apply to the extent that disclosure is necessary for the performance of the assignment, results from a legal obligation or concerns the publication of the property as referred to in article 11.
Article 22 Amendment of the terms
22.1The estate agent is entitled to amend these general terms and conditions. Ongoing instructions remain subject to the version provided when the instruction was entered into, unless an amendment results from a legal obligation.
Article 23 Conversion and nullity
23.1If any provision of these terms proves to be null and void, voidable or otherwise unenforceable, the remaining provisions remain in full force.
23.2In that case the provision concerned is replaced by a valid provision that comes as close as possible to the purport of the original provision.
Article 24 Applicable law, competent court and language
24.1The assignment and these general terms and conditions are governed exclusively by Dutch law.
24.2Disputes are submitted to the competent court in the district of Oost-Brabant, without prejudice to the client's right to choose, within one month after the estate agent invokes this provision, the court that has jurisdiction by law.
24.3An English translation of these terms may be provided. In the event of any discrepancy between the Dutch and the English text, the Dutch text is binding.
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