Terms and Conditions

MODEL

GENERAL TERMS AND CONDITIONS OF SERVICES

 (Homeland Real Estate)

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Model adopted by Pararius BV on January 28, 2016. The user of this model is advised to consult the explanatory notes accompanying this model, to adapt the model to his own wishes and practice and to consult an expert. Any liability of Pararius BV for adverse consequences of the use of the text of the model is excluded.

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Article 1: Applicability, definitions

1. These General Terms and Conditions of Services, hereinafter referred to as 'AVD', apply to all agreements that Homeland Real Estate, hereinafter referred to as 'Broker', concludes with its Clients.

2. Mediation is understood to mean: the Estate Agent's best efforts obligation aimed at establishing a rental agreement for a living space between the Client and his other party, as referred to in Article 7: 425 of the Dutch Civil Code, against payment of a fee by the Client. The broker will never accept a mediation assignment for the same living space from the other party of the Client. An assignment for mediation does not form part of a search as referred to in article 3 paragraph 1 of this AVD (lease) and article 4 paragraph 1 of this AVD (rental). A search and an order for mediation can be combined.

3. If the Client is the party that wishes to rent this accommodation and has given the Estate Agent an instruction to mediate for this purpose, the other party is understood to be the (prospective) lessor of the relevant accommodation. If the Client is the party that wishes to rent out this living space and has given the Estate Agent an instruction to mediate for this purpose, the other party is understood to mean the (prospective) tenant of the relevant accommodation.

4. Provisions that deviate from these AVD only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed in writing.

5. If the Client consists of two or more (legal) persons, they are jointly and severally liable towards the Estate Agent for the fulfillment of all obligations towards the Estate Agent.

6. The non-application of (part of) a provision of these General Terms and Conditions for Services, for whatever reason, does not affect the applicability of the other provisions.

Article 2: Cooperation of the Client in the execution of the agreement

1. The parties will not do and / or fail to do anything that hinders or may impede the proper execution of this agreement. The Client will cooperate in all respects in the proper execution of the agreement by both parties, including by making all necessary information and documents available to the Estate Agent in a timely manner.

2. The Estate Agent will not commence the performance of the work until the Client has provided him with all necessary information and documents and the Client has made any agreed (advance) payment and / or down payment.

Article 3: If the Client is a home seeker (rental)

Content of the assignment. Activities and working method of Broker

1. 'Search' is understood to mean the Estate Agent's best efforts obligation aimed at finding suitable rental accommodation for the Client.

2. The activities of the Estate Agent may, depending on the wishes of the Client and what the parties agree on at the conclusion of the agreement and any further agreement thereafter, consist of, among other things, the following parts:

Search:

* providing general information about, among other things, the possibilities of finding a place to live, the local housing market, the housing permit, the housing allowance, rent protection, rents, registration in the municipal personal records database;

* making an inventory of the housing requirements / search profile of the Client;

* searching for suitable accommodation for the Client on the basis of the Client's housing requirements / search profile;

* organizing one or more viewings by the Client of and providing information about one or more home (s);

* evaluation of viewings with the Client.

Mediation assignment:

* compiling a complete file on the Client and nominating the Client as a prospective tenant to potential landlord (s) on the basis thereof, and making every effort to ensure that the latter awards the relevant accommodation to the Client;

* conducting negotiations on behalf of the Client with potential landlord (s) about the content of the lease;

* establishing a written lease and arranging for the signing of the lease by both parties;

* providing information about and an explanation of the lease.

Other activities:

* ensuring that the first payment to the lessor is made on time;

* organizing the delivery of the living space;

* drawing up a proper inspection report (with photos) in triplicate (including recording of meter readings, control keys, control inventory, inventory of defects);

* ensuring that the lessor fulfills his obligations at the start of the lease;

* providing support with: maintenance contracts, relocation, transport / purchase of inventory, searching for workers in connection with the painting, wallpapering and laying the floor, et cetera;

* providing support with: a telephone and internet connection and / or a connection to utilities;

* acting as a first-line source of information for the Client during the tenancy agreement.

3. In the performance of his activities, the Estate Agent will only represent the interests of the Client and not those of the (prospective) lessor.

4. The broker will never mediate on behalf of both the (prospective) lessor of a living space and the Client in the realization of a rental agreement for that living space.

5. The Client will provide the Estate Agent on its own initiative with all information, data and documents that are necessary for the execution of the assignment and the Client guarantees the correctness thereof. This information and documents include, but are not limited to: valid proof of identity, valid proof of residence in the Netherlands, recent salary statement (s), employment contract, recent bank statements (showing salary payments), employer's statements and the like. The client has the right to share this information, data and documents with third parties insofar as this is useful and necessary for the fulfillment of the assignment.

6. After the Client has notified the Estate Agent that it wishes to rent a residential space proposed by the Estate Agent with the request to the Estate Agent to inform the lessor of this and to mediate in the realization of a lease with the landlord, the Estate Agent will send this notification by e-mail. to the Client. The Client has the right to withdraw its notification as referred to above by notifying the Estate Agent within 24 hours after the sending of this e-mail message by e-mail. 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.

Fee for the broker's services

7. If a rental agreement for housing between the Client and a landlord ensues from the services provided by the Estate Agent, the Client will owe the Estate Agent a fee (brokerage fee). This fee is laid down in the agreement between the parties (assignment for services). This fee is payable by the Client to the Estate Agent at the conclusion of the lease.

8. The compensation is deemed to be a reasonable compensation for the work that the Estate Agent performs for the Client in the performance of the agreement. The parties take into account that the fee payable is a rate customary in the market that is not linked to the scope of the work to be performed 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 fee has been paid to the Estate Agent.

10. If the Client and / or his relations appear to be going to live in a residential space, the details of which the Client has obtained from the Estate Agent, the Client will owe the agreed fee to the Estate Agent, regardless of whether the rental agreement has been concluded through the intermediary of the Estate Agent.

11. If, for whatever reason, the Client does not start living in the living space for which a lease has been concluded through the mediation by the Estate Agent, or if the lease for this accommodation is terminated, destroyed or dissolved, the Client remains obliged to pay the agreed fee. payment and the Client is not entitled to a full or partial refund thereof.

12. If the Client, after having given the notification or written confirmation as referred to in article 3 paragraph 6 of this AVD to the Estate Agent and after his possible right to withdraw that notification has lapsed, still withdraws his notification or otherwise the establishment of a frustrates the rental agreement, the Client is obliged to compensate the Estate Agent for the damage he has suffered. The aforementioned damage will in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive lease agreement were to be concluded for the living space. If the amount of the agreed fee 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 initial rental offer of the prospective landlord. . In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the relevant prospective lessor.

13. Immediately after the Client and a prospective landlord have reached agreement through the brokerage of the Estate Agent on a rental agreement for a living space, the Estate Agent will, before drawing up a rental agreement to be signed by both parties, prepare a rental confirmation form of the core clauses of the rental agreements. Client is obliged to immediately sign this rental confirmation form.

Article 4: If the Client is the homeowner living space (rental)

1. 'Search' is understood to mean the Estate Agent's best efforts obligation aimed at looking for a suitable tenant for the relevant residential space for the Client.

2. The activities of the Estate Agent may, depending on the wishes of the Client and what the parties agree upon at the conclusion of the agreement and any subsequent agreement, consist of, among other things:

* advising on the rental of housing and market conditions;

* inspecting the living space;

* determining the rental value of the living space;

* recording the meter readings;

* taking photos of the living space;

* placing photos and information about the living space on the Estate Agent's website, on various living space websites, with other estate agents / intermediaries and / or in other media;

* placing a rental sign;

* drawing up and placing a window advertisement;

* pre-screening potential tenant (s);

* conducting negotiations on behalf of the Client with potential tenant (s) about the content of the lease;

* establishing a written lease and arranging for the signing of the lease by both parties;

* providing information about and an explanation of the rental agreement;

* ensuring that the first payment is made by the tenant on time;

* organizing the delivery of the living space;

* drawing up a proper inspection report (with photos) in triplicate (including recording of meter readings, control keys, control inventory, inventory of defects).

3. The Client will provide the Estate Agent on its own initiative with all information and documents that are necessary in the context of the performance of the assignment and the Client guarantees the correctness thereof.

4. If a rental agreement for the living space arises from the mediation by the Estate Agent for the Client, the Client will owe the Estate Agent the fee (brokerage fee) that the parties have agreed upon. This brokerage fee is payable by the Client within 14 days after the invoice to be sent to him by the Estate Agent for this purpose.

5. The compensation is considered to be a reasonable compensation for the work that the Estate Agent performs for the Client in the performance of the agreement. The parties take into account that the fee payable is a rate customary in the market that is not linked to the scope of the work to be performed by the Estate Agent but to a result to be achieved.

6. The Client instructs the Estate Agent to collect the amounts for the first month's gross rent and the deposit from the tenant. 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 be (partly) renting out or (partly) used to rent out the residential space concerned to one or more persons or parties from whom the Client has obtained the details of the Estate Agent, the Client will owe the agreed fee to the Estate Agent regardless of whether the rental agreement has been concluded through the intermediary of the Estate Agent

8. If, for whatever reason, the tenant, with whom the Client has concluded a rental agreement through mediation of the Estate Agent, does not start living in the relevant residential space, or if the lease for this residential accommodation is terminated, destroyed or dissolved, the Client remains obliged to compensation and the Client is not entitled to a full or partial refund thereof.

9. If a (housing) permit is required for the residential space in question, 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 is or will be granted, unless the parties have agreed otherwise.

10. If the Client, after the negotiations with a prospective tenant have commenced, whether or not after the Client has signed a letter of intent, terminates the negotiations, becomes frustrated and / or is no longer willing to rent the relevant living space to the prospective tenant, The Client is obliged to compensate the Estate Agent for the damage he has suffered. The aforementioned damage will in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive lease agreement were to be concluded for the living space. If the amount of the agreed fee 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 initial rental offer of the Client. In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the relevant prospective tenant.

11. Immediately after the Client and a prospective tenant have reached agreement through the brokerage of the Estate Agent on a rental agreement for a living space, the Estate Agent will, before drawing up a rental agreement to be signed by both parties, prepare a rental confirmation form of the core clauses of the rental agreements. Client is obliged to immediately sign this rental confirmation form.

12. The client declares and guarantees in all respects (including in view of possible claims of any nature whatsoever from any other entitled party (s) with regard to the living space, mortgagee (s), insurer (s), (local) authorities, competent authorities, manager (s), other living space broker (s), Owners' Association and the like) to be entitled to offer and rent out the living space for rent and indemnify the Estate Agent against all possible claims from third parties in this respect and for all relevant by the Estate Agent extrajudicial and judicial costs to be incurred. The broker does not accept any liability in this respect.

13. The client declares to be fully aware that under mandatory legislation the tenant of living space is protected against, among other things, termination of the rent by the landlord, against too high rents, too high or incorrect service costs and too high or incorrect one-off payments at the conclusion of rental agreements. The Client (and not the Broker) determines the duration of the rental agreement desired by the Client, the amount of the rent, the amount of the deposit, the composition of the service package, the amount of (the advance for) the service costs and / or the amount of any one-off fees. The broker does not accept any liability for damage resulting from the content of the lease, in particular with regard to its duration, the amount of the rent, the amount of the deposit, the amount of (net advance for) the service costs, the composition of the service package and the (amount of) one-off payments.

14. The client declares to be aware that the legal rental (price) protection referred to in article 4 paragraph 13 of these AVD also includes regulations that limit the possibility of temporary leases to specific cases and that, if a temporary lease is concluded contrary to the law or does not meet the applicable criteria, the tenant can disregard the temporary nature of the lease by invoking the law. The broker does not accept any liability for damage resulting from such a right or wrong claim on the tenant's rent protection.

Article 5: Personal data

The Client's personal data are included in the Estate Agent's records. The Estate Agent does not provide data to third parties without the Client's consent, 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 performance of the Client's assignment.

Article 6: Broker's obligation to make best efforts

The Estate Agent 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 a best efforts obligation of the Estate Agent and not an obligation to achieve results. If the result is not forthcoming, this does not relieve the Client of its obligations towards the Estate Agent, with the exception of any obligations expressly linked by the parties to achieving the intended result.

Article 7: End and cancellation of the agreement

1. Unless otherwise agreed and without prejudice to the other provisions of these AVD, the agreement ends among other things by:

a. Achieving the intended result of the Estate Agent's efforts with the assignment;

b. termination by the Client;

c. cancellation by the broker.

2. Termination of the agreement by the Client after the latter has made the notification as referred to in article 3 paragraph 6 of these AVD to the Estate Agent and after any right to withdraw that notification has lapsed, does not release the Client from his liability for damages and obligation to indemnify. towards the Estate Agent as referred to in the latter provision.

3. Termination of the agreement by the Client after the negotiations with a prospective tenant have commenced as referred to in Article 4, paragraph 10 of these GTC, does not release the Client from his liability for damages and obligation to indemnify the Estate Agent as referred to in the latter provision.

4. Client and Broker are authorized to cancel this agreement at any time. The Estate Agent will terminate the agreement, among other things, if he has to fear that the Client will not or not properly fulfill the lease to be concluded, without prejudice to his claims to payment as provided for in these AVD.

5. Without prejudice to the claims for compensation provided for in these AVD, the parties cannot derive any right to compensation from the termination of the agreement by giving notice, unless it is canceled due to the other party's failure to fulfill one or more obligations.

Article 8: Duty to complain and forfeiture of rights

1. Complaints with regard to the activities performed and / or services provided by the Estate Agent - must be reported by registered letter within 2 months after discovery or after the Client should reasonably have discovered them to the Estate Agent, failing which the Client will not appeal. can do more on any defects in the performance of the Estate Agent.

2. Claims of the Client against the Estate Agent expire 1 year after the agreement has been terminated.

Article 9: Liability

1. The Estate Agent is not liable for damage to the Client, including consequential damage, trading loss, loss of profits and / or business interruption damage, which is the result of his actions or omissions, that of its personnel or that of third parties engaged by it, in particular not for damage of the Client that is the result of the situation that the agreed rental price and / or the agreed service (costs) and / or the additional, whether or not one-off, payments are not in accordance with the law or (can be) increased or decreased.

2. The Estate Agent is not liable for damage suffered by the Client as a result of acts or omissions of the other party in the rental agreement to be established or concluded through the mediation of the Estate Agent.

3. Insofar as the Estate Agent is liable for damage of the Client, his liability is limited to the amount of the payment to be made by the Estate Agent's insurer in the appropriate case, insofar as the Estate Agent is insured for this. If the Estate Agent is not insured as referred to above, the liability of the Estate Agent is limited to twice the amount of the fee charged and / or to be charged by the Estate Agent to the Client for its activities and / or services.

4. Limitation of the Broker's liability for damage of the Client in these AVD does not apply if and insofar as the damage is due to intent and / or willful recklessness on the part of the Broker.

Article 10: Payment

1. Unless otherwise agreed or stipulated in these terms and conditions, the Client must pay all that he owes the Estate Agent within 14 days of the invoice date. This term is a deadline.

2. All that the Client owes to the Estate Agent will be paid by the Client in a timely manner without any recourse to discount, suspension, settlement, dissolution or cancellation.

3. In the event of late payment of all that the Client owes the Estate Agent:

a. the Client owes the Estate Agent default interest in the amount of 1% per month, to be calculated cumulatively over the principal sum. Parts of a month are considered a full month;

b. After being reminded by the Estate Agent, the Client will owe 15% of the principal sum and the default interest with a minimum of € 40.00 in respect of extrajudicial costs.

4. In the event of non-compliance by the Client with any obligation under the agreement, the Estate Agent is authorized to dissolve the agreement in whole or in part, without further notice of default or judicial intervention, and to claim compensation for his damage.

5. If the Client has not fulfilled its payment obligations on time, the Estate Agent is entitled to suspend the fulfillment of its obligations until payment has been made. The same applies if the Estate Agent already has a reasonable suspicion before the commencement of default that the Client will not meet its payment obligations. The risk for the consequences of suspension by the Estate Agent is at the expense of the Client.

6. Payments made by the Client always serve to settle successively the interest due, the costs due and the outstanding invoices that have been outstanding the longest.

Article 11: Competent court, applicable law

1. The agreement concluded between the Estate Agent and the Client is exclusively governed by Dutch law.

2. Any disputes will be settled by the competent Dutch court, albeit that the Estate Agent, insofar as the law does not compellingly oppose this, has the power to bring a case before the competent court in the place where the Estate Agent is established. .