General terms and conditions

GENERAL
CONSUMER TERMS AND CONDITIONS
AND REGULATIONS
VBOMAKELAAR.NL

Version 01-09-2018
Copyright © Vereniging VBO Makelaar 2018. All rights reserved. This information must
not be published, rewritten or republished in any way or in any form
whatsoever. These terms may be used by members of Vereniging VBO Makelaar. To
check whether someone is affiliated with VBO Makelaar, you can contact the
secretariat of VBO Makelaar on 070-3458703 or visit the website www.vbomakelaar.nl.

CHOOSE PEACE OF MIND!
Dear reader,
You have engaged an estate agent or valuer affiliated with the trade association VBO Makelaar. A good choice!
The estate agent or valuer affiliated with VBO Makelaar uses prescribed
model contracts, terms and regulations. As a result, the rights and obligations of both
you and the estate agent or valuer are always clear. You will find the terms and regulations here.
General Consumer Terms for Estate Agency Services (p.5)
These terms apply to a valuation or estate agency engagement. They form part of the arrangements
you make with your valuer or estate agent.
The VBO Code of Professional Conduct (p.17)
This explains what you may expect from a professional estate agent or valuer.
The Disciplinary Procedure Regulations (p.21)
Would you like to file a complaint? You can see exactly how that works here.
The privacy rules (p.33)
We explain how the estate agent or valuer of VBO Makelaar
complies with privacy legislation.
If you have any questions about these documents, please ask your estate agent or valuer.
For more information about VBO Makelaar, please visit: www.vbomakelaar.nl.
Kind regards,
Harry Bruijniks
Chairman of VBO Makelaar

TERMS OF ENGAGEMENT

CONTENTS OF THE TERMS OF ENGAGEMENT
Article 1

Article 2

Article 3

When do these conditions apply?

What do certain terms mean?

How do you and the estate agent agree the engagement?

Article 4

Do you have a cooling-off period?

Article 6

What obligations do you have?

Article 5
Article 7

Article 8

Article 9

What obligations does the estate agent have?
What activities does the estate agent perform?

What special rules apply to a valuation?

When has the estate agent fulfilled the engagement?

Article 10 How is the fee calculated?

Article 11 What costs does the estate agent charge?

Article 12 When is the estate agent entitled to the fee and the costs incurred?

Article 13 What does the estate agent do if you do not pay on time?

Article 14 Can you withdraw the engagement?

Article 16 What happens if a concluded purchase or tenancy agreement is not performed?

Article 15 Can the estate agent withdraw from the engagement?

Article 17 What happens if the property is allocated to one of the owners, the partner or a third party?

Article 18 What happens if you die?

Article 19 Could you still owe the estate agent a fee after the engagement has ended?

Article 20 What happens if you have a dispute with your estate agent?

Article 22 How are different arrangements recorded?

Article 21 What does the trade association guarantee cover?

GENERAL CONSUMER TERMS FOR ESTATE AGENCY SERVICES
These are the general terms and conditions of VBO Makelaar. They explain the rights and obligations of your estate agent and yourself. These terms were drawn up in consultation with
the NVM, VastgoedPRO, Vereniging Eigen Huis and the Consumentenbond within the
Coördinatiegroep Zelfreguleringsoverleg of the Dutch Sociaal-Economische Raad. They
entered into force on 1 September 2018.

Article 1 - When do these conditions apply?
These general terms and conditions apply to every engagement for services that
a private client gives to an estate agent.

Article 2 - What do certain terms mean?
In these general terms and conditions the following definitions apply:
a. Private client: a client who is a natural person and does not act in the course of
a profession or business (consumer).
b. Estate agent: an estate agent or valuer affiliated with a (trade association), or the business of such an estate agent or valuer. A valuer performs
different work from an estate agent. An estate agent represents the interests of the client.
A valuer, by contrast, is impartial. Their work consists of estimating and reporting in writing
on the value of real estate. Because valuers must also comply with these terms,
“estate agent” also means “valuer”, insofar as the nature of the provisions
does not preclude this.
c. Fee: the remuneration that the consumer pays the estate agent for the services,
excluding additional costs. In practice, this fee is often called “commission” or “professional fees”.
d. In writing: this also includes communication by email.

Article 3 - How do you and the estate agent arrange the engagement?

1. The estate agent records the engagement in writing, stating that these general
   terms and conditions apply.
2. The engagement must contain a clear description of the services,
   the fee and the costs. If you later instruct the estate agent to provide other or additional services,
   the estate agent will confirm this to you in writing, including the pricing arrangements
   for those services. The estate agent may use a price list showing
   their fee rates and third-party costs.
3. The fee and costs stated in the engagement include VAT.
4. An engagement is formed when you accept the estate agent’s offer. In the event of a disagreement,
   the estate agent must be able to prove that you accepted the offer. If they
   cannot do so, you do not have to pay the estate agent anything.
5. You receive these general terms and conditions with the estate agent’s offer.

Article 4 – Do you have a cooling-off period?

1. In some cases, you have a statutory fourteen-day cooling-off period during which you may
   withdraw from the engagement. The engagement states whether or not you have a cooling-off period.
2. Are you legally entitled to a cooling-off period, but the estate agent has not informed you of it? The period is then extended to a maximum of one year after you gave the instruction. If you receive the information later, you then receive
   a fourteen-day cooling-off period.
3. If you wish to cancel the engagement during the cooling-off period, you must notify
   the estate agent in writing within that period. You may use a
   form supplied by the estate agent.

Article 5 - What obligations does the estate agent have?

1. The estate agent carries out the engagement carefully and expertly. He represents your interests.
2. The estate agent will keep you regularly informed of progress.
3. The estate agent must adequately insure their liability for damage and keep that insurance
   in place.
4. The estate agent complies with the legal provisions when processing personal data.
5. The estate agent may not act for both the seller and buyer of the same property, or for both the tenant and landlord of the same property. In such a
   case, the estate agent must consult the clients as soon as possible and suspend or terminate one
   of the engagements (see Article 15).
6. The estate agent may not conclude an agreement on your behalf unless you have given written
   power of attorney to do so.

Article 6 - What obligations do you have?

1. You give the estate agent all the information he needs to carry out the engagement.
2. Unless otherwise agreed in writing, you may not engage in activities that could hinder the estate agent in fulfilling the engagement. For example, you may not use
   another estate agent.
3. You enable the estate agent to comply with their obligations under the Dutch Wwft and any
   other legal obligations. This includes cooperating in
   establishing and verifying your identity.
4. You may not use the estate agent’s services until the engagement has been
   recorded in writing.
5. Unless otherwise agreed in writing, you may not bypass the estate agent by
   concluding agreements, conducting negotiations or carrying out activities
   that could hinder the estate agent in carrying out the engagement.
6. You must behave as a good client.

Article 7 - What activities does the estate agent perform?

1. The estate agent carries out the work for you that was agreed in the engagement.
2. The estate agent makes every effort to achieve the agreed result, but cannot guarantee that the result you want will actually be achieved.
3. The estate agent may have work carried out by others under his responsibility.

Article 8 - What special rules apply to a valuation?

1. An valuer must carry out his engagement independently, carefully and impartially.
2. The valuer submits his appraisal in writing.
3. The valuer does not appraise an object in which he has a direct or indirect interest.
4. The valuer bases the valuation on the information known to them and on what could reasonably become known through careful
   investigation.
5. The valuer must state in the report which premises, assumptions and limitations
   apply to the valuation.

Article 9 – When has the estate agent fulfilled the engagement?

1. The estate agent has fulfilled the engagement as soon as the agreed result has been achieved or
   the agreed work has been carried out.
2. In an engagement to arrange a purchase, sale, tenancy or letting, the engagement is fulfilled once
   an agreement has been concluded through the estate agent’s services.
3. In the case of a valuation, the engagement is completed as soon as the valuation report has been provided to you.

Article 10 – How is the fee calculated?

1. The estate agent’s fee is calculated as agreed in the engagement.
2. Unless otherwise agreed, the fee is payable including VAT.
3. If the fee depends on the purchase price, rent or another value, the
   fee is calculated on the amount recorded in the concluded agreement.
4. If additional rights or obligations with a monetary value have been agreed,
   they may be included when calculating the fee if this has been agreed in the engagement.
   

Article 11 – What costs does the estate agent charge?

1. The estate agent only charges the costs agreed in the engagement.
2. The estate agent will only charge third-party costs if this has been agreed with you.
3. If the estate agent uses a price list, he must provide it to you in advance.

Article 12 – When is the estate agent entitled to the fee and the costs incurred?

1. The estate agent is entitled to the fee once the engagement has been fulfilled, unless otherwise
   agreed in writing.
2. The estate agent is entitled to reimbursement of costs incurred insofar as this has been agreed in writing.
   
3. Even when the engagement ends, the estate agent may be entitled to a fee or reimbursement of costs,
   insofar as this follows from these terms or the engagement.

Article 13 – What does the estate agent do if you do not pay on time?

1. You must pay the estate agent's invoice within the agreed term.
2. If you do not pay on time, you are in default once the estate agent has sent you a written demand
   and you still fail to pay within the reasonable period specified in it.
3. If you are in default, the estate agent may
   charge statutory interest and reasonable collection costs.
4. The estate agent may suspend their work until you have paid, unless the law or
   the principles of reasonableness and fairness preclude this.

Article 14 – Can you withdraw the engagement?

1. You may withdraw the engagement.
2. If you withdraw the engagement, you and the estate agent may settle the amounts due in the manner set out in the
   engagement or these terms.
3. The estate agent may then be entitled to reimbursement of costs incurred and, if agreed,
   to a fee.

Article 15 – Can the estate agent withdraw from the engagement?

1. The estate agent may withdraw from the engagement if there is a good reason to do so.
2. The estate agent will explain this to you in writing.
3. The estate agent does so at a time and in a manner that minimise the disadvantage to you.
4. If the estate agent withdraws from the engagement, they are entitled to payment for the work
   and costs insofar as this is reasonable and has been agreed in writing.

Article 16 – What happens if a concluded purchase or tenancy agreement is not performed?

1. If a purchase or tenancy agreement concluded with the estate agent’s assistance
   is not performed, the entitlement to the fee remains, unless otherwise agreed in writing.
   
2. This is different if the failure to perform is attributable to the estate agent.

Article 17 – What happens if the property is allocated to one of the owners, the partner or a third party?

1. If, during the engagement, the property is allocated to one of the owners,
   a partner or a third party, this is treated for the purposes of these terms
   as a transaction, unless otherwise agreed in writing.
2. The estate agent is then entitled to a fee insofar as this follows from the engagement.

Article 18 – What happens if you die?

1. If you die, the engagement does not end automatically unless the nature of the engagement
   requires otherwise.
2. Your successors by universal succession take your place unless the estate agent or your
   successors terminate the engagement.

Article 19 – Could you still owe the estate agent a fee after the engagement has ended?

1. Yes, that is possible. For example, this may happen if, shortly after the engagement ends, an agreement is
   concluded with a party with whom the estate agent had
   contact during the engagement.
2. Further arrangements on this may have been made in the engagement.

Article 20 – What happens if you have a dispute with your estate agent?

1. Dutch law applies to the estate agent's services.
2. Disputes may be submitted to the competent court unless you and the estate agent
   have agreed on another dispute resolution procedure.

Article 21 – What does the trade association guarantee cover?

1. VBO Makelaar has an industry guarantee.
2. The content and conditions of this industry guarantee are determined by VBO Makelaar.
3. You can obtain information about this through VBO Makelaar or through your estate agent.

Article 22 – How are different arrangements recorded?
Deviations from these general terms and conditions are only valid if they are recorded in writing.

VBO CODE OF PROFESSIONAL CONDUCT

CONTENTS OF THE VBO CODE OF PROFESSIONAL CONDUCT

1. Definitions
2. General
3. Expertise
4. Independence
5. Integrity
6. Due care
7. Confidentiality
8. Record keeping
9. Information and communication
10. Conflict of interest
11. Collaboration
12. Complaints
13. Enforcement

VBO CODE OF PROFESSIONAL CONDUCT
Article 1 - Definitions
In this code of professional conduct, the following definitions apply:
a. Member: a real estate agent, valuer or company affiliated with VBO Makelaar.
b. Client: any client or other involved party for whom the member performs work.
c. Work: all work that the member performs in their capacity as an estate agent or
valuer.
d. Regulations: the regulations, codes and terms applicable within VBO Makelaar.

Article 2 - General

1. The member behaves as befits a good and careful professional.
2. The member complies with laws and regulations, the articles of association, regulations and decisions of
   VBO Makelaar, and the requirements of reasonableness and fairness.
3. The member refrains from acts or omissions that could damage confidence in the profession or
   in VBO Makelaar.

Article 3 - Expertise

1. The member ensures that his professional knowledge and skills remain up to date.
2. The member only carries out work for which he has sufficient expertise.
3. The member keeps up to date with developments in legislation, case law and professional
   standards.

Article 4 - Independence

1. The member carries out his work independently and objectively.
2. The member shall not be influenced by improper interests.
3. Independence is central to valuations.

Article 5 - Integrity

1. The member acts honestly, sincerely and reliably.
2. The member avoids any appearance of deception, untruth or undue influence.
3. The member does not make statements that they know or ought to know are incorrect or
   misleading.

Article 6 - Due care

1. The member performs their work carefully and with the required promptness.
2. The member provides information in a clear, understandable and timely manner.
3. The member takes into account the legitimate interests of all those involved.

Article 7 - Confidentiality

1. The member handles confidential information with care.
2. The member discloses confidential information only where this is necessary to carry out
   the engagement, where required by law, or where the client’s consent has been
   given.
3. The duty of confidentiality continues after the engagement has ended.

Article 8 – Record keeping

1. The member keeps proper records of their work.
2. The records must be organised so that it can later be established what work
   was performed and what information it was based on.
3. The member keeps files for the legal retention periods.

Article 9 - Information and communication

1. The member informs the client in a timely and clear manner about the nature and content of the service,
   the costs and the relevant rights and obligations.
2. The member ensures clear communication and prevents unnecessary misunderstandings.
3. The member responds to questions and messages from the client within a reasonable period.

Article 10 - Conflict of Interest

1. The member prevents conflicts of interest.
2. If a conflict of interest arises or is likely to arise, the member immediately informs those
   affected and takes appropriate measures.
3. The member does not act for parties with conflicting interests where this would breach laws,
   regulations or the rules applicable within VBO Makelaar.

Article 11 - Cooperation

1. The member works professionally with colleagues, clients and other stakeholders.
2. The member expresses himself respectfully and correctly when interacting with other professionals.
3. The member adheres to agreements made.

Article 12 - Complaints

1. The member has a proper complaints procedure or participates in an arrangement that
   provides one.
2. The member takes complaints seriously and handles them carefully and expeditiously.
3. The member cooperates with a disciplinary or other procedure where it
   applies to them.

Article 13 - Enforcement

1. A breach of this code of professional conduct may lead to measures under
   the regulations applicable within VBO Makelaar.
2. VBO Makelaar can monitor compliance with this code.

DISCIPLINARY PROCEDURE REGULATIONS

CONTENTS OF THE DISCIPLINARY PROCEDURE REGULATIONS

1. General provisions
2. Disciplinary board
3. Disciplinary procedure
4. Decision
5. Appeal
6. Final provisions

DISCIPLINARY PROCEDURE REGULATIONS
Article 1 - General provisions

1. These regulations regulate disciplinary proceedings within VBO Makelaar.
2. Disciplinary proceedings concern complaints about acts or omissions
   that breach the articles of association, regulations, code of professional conduct or the standards expected of a proper
   professional.
3. Disciplinary proceedings respect each party’s right to be heard and to respond.

Article 2 - Disciplinary Board

1. VBO Makelaar has an independent disciplinary board.
2. The disciplinary board handles complaints against members of VBO Makelaar.
3. The composition, appointment and working procedures of the disciplinary board are governed by
   the applicable provisions.

Article 3 - Disciplinary procedure

1. A complaint is submitted in writing.
2. The complaint contains at least the complainant’s name and contact details, the name of the member
   against whom it is made, and a clear description of the complaint.
3. The complainant adds relevant documents as far as possible.
4. The member against whom the complaint is directed will be given the opportunity to submit a written defense.
5. The disciplinary board can request further documents and hear the parties.
6. The disciplinary board may declare the complaint manifestly inadmissible, manifestly unfounded or manifestly
   well-founded where the circumstances allow.

Article 4 - Ruling

1. The disciplinary board makes a reasoned decision.
2. The disciplinary board can declare a complaint unfounded or well-founded.
3. Where a complaint is well-founded, the disciplinary board may impose a measure under the
   applicable regulations.
4. The decision will be communicated to the parties in writing.

Article 5 - Appeal

1. Where the regulations provide for it, an appeal may be
   lodged against a decision.
2. The appeal must be lodged within the applicable time limit and in the prescribed
   manner.

Article 6 - Final provisions

1. In cases not provided for by these regulations, the competent body of VBO
   Makelaar will decide.
2. These regulations come into effect on the date determined by VBO Makelaar.

PRIVACY RULES

CONTENTS OF THE PRIVACY RULES

1. Introduction
2. What personal data does the estate agent process?
3. For what purposes does the estate agent process personal data?
4. On what legal bases does the estate agent process personal data?
5. With whom does the estate agent share personal data?
6. How long does the estate agent keep personal data?
7. What rights do you have?
8. Security
9. Contact

PRIVACY RULES
Article 1 - Introduction

1. The estate agent processes personal data in the context of his services.
2. The estate agent complies with the applicable privacy legislation, including the General
   Data Protection Regulation (GDPR).

Article 2 - What personal data does the estate agent process?
The estate agent can process, among other things, the following personal data:
a. name, address, place of residence;
b. telephone number and email address;
c. date of birth;
d. identification details if legally necessary;
e. financial data to the extent relevant to the provision of services;
f. data about real estate and transactions;
g. other information that you provide to the estate agent or that is necessary to carry out
the engagement.

Article 3 - For what purposes does the estate agent process personal data?
The estate agent processes personal data for, among other things:
a. performing the contract for services;
b. complying with legal obligations, including the Wwft;
c. maintaining contact with you;
d. conducting administration;
e. being able to handle complaints and disputes;
f. securing and improving services.

Article 4 – On what legal bases does the estate agent process personal data?
The estate agent processes personal data based on:
a. performance of the contract;
b. compliance with a legal obligation;
c. a legitimate interest;
d. your consent, where required.

Article 5 - With whom does the estate agent share personal data?

1. The estate agent shares personal data with third parties only where necessary to provide
   the services, to comply with a legal obligation, or where your consent has been
   given.
2. The estate agent may share personal data with, for example, notaries, valuers, mortgage advisers,
   IT service providers, regulators or other parties involved in the services.
3. The estate agent makes appropriate agreements with processors about the handling of personal data.

Article 6 - How long does the estate agent keep personal data?
The estate agent does not retain personal data longer than necessary for the purposes
for which they were collected, unless a statutory retention period applies.

Article 7 - What rights do you have?
Within the limits of the law, you are entitled, among other things, to:
a. access to your personal data;
b. rectification of incorrect personal data;
c. deletion of personal data;
d. restriction of processing;
e. data portability;
f. objection to processing;
g. withdrawal of consent, insofar as the processing is based on it.

Article 8 - Security
The estate agent takes appropriate technical and organisational measures to protect personal data
against loss or unlawful processing.

Article 9 - Contact
For questions about the processing of personal data or to exercise your rights
you can contact your estate agent or valuer.