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Last Updated: April 5, 2025
1. Applicability
1.1 These terms and conditions apply to all offers, legal relationships, and agreements under which Evlev Real Estate, located at Thorbeckestraat 7, 1161 XR Zwanenburg (“the Company”), provides services to a client (“the Client”).
1.2 Deviations from these terms are only valid if explicitly agreed upon in writing by both parties.
1.3 The applicability of any purchase or other conditions of the Client is expressly rejected.
2. Scope of Services
2.1 Evlev Real Estate acts as a mediator for the purchase, sale, lease, or rental of real estate.
2.2 The agreement between the Company and the Client is an “overeenkomst van opdracht” (agreement for services) under Dutch law.
2.3 While the Company performs its duties with the utmost care, it provides a “best-efforts obligation” (inspanningsverbintenis) and not a “result-guarantee” (resultaatverbintenis), unless explicitly stated otherwise.
3. Client Obligations and Wwft
3.1 The Client must provide all information necessary for the execution of the assignment accurately and promptly.
3.2 In accordance with the Dutch Money Laundering and Terrorist Financing Prevention Act (Wwft), Evlev Real Estate is legally required to verify the identity of the Client and, if applicable, the Ultimate Beneficial Owner (UBO).
3.3 The Client warrants that they are legally authorized to sell or lease the property in question.
3.4 Clause: Deposit and Completion of Payment
1a. Deposit and Forfeiture: Any payment made by the Client that is less than the full purchase price of the property shall be classified as a non-refundable deposit. In the event the Client fails to settle the remaining balance within one (1) calendar month of the deposit date, the Client shall automatically forfeit all claims to the deposited funds without the requirement of a formal notice of default.
2b. Obligation to Appear and Execute: The Client is strictly required to appear within the aforementioned fixed one-month period to complete the final payment and execute the deed of transfer (leveringsakte). Timely appearance and full payment are considered essential obligations under this agreement.
3c. Breach of Contract and Liability: Failure by the Client to comply with the one-month deadline or to appear for the signing of the transfer documents shall constitute a material breach of contract. In such an event:
Evlev Real Estate shall be released from all further obligations and shall bear no legal liability toward the Client for the termination of the sale.
The sale shall be considered dissolved (ontbonden) by operation of law;
The Client waives any right to compensation or restitution of the deposit;
4. Brokerage Fees (Courtage)
4.1 The Client shall owe a brokerage fee (courtage) if an agreement is reached during the term of the assignment.
4.2 Unless otherwise agreed in writing, the fee is also due if the agreement is concluded after the assignment ends, but results from actions taken by the Company during the term of the assignment.
4.3 Payment must be made within 14 days of the invoice date or, in the case of a sale, at the time of the legal transfer (levering) at the notary.
5. Right of Withdrawal
5.1 For consumers, if the agreement is concluded outside of a commercial office (e.g., at the Client’s home or online), the Client generally has a statutory cooling-off period of 14 days to cancel the agreement without giving reasons.
5.2 If the Client wishes the services to begin immediately during this period, they must explicitly waive their right of withdrawal or agree to pay for services already rendered.
6. Liability
6.1 Evlev Real Estate is not liable for damages resulting from incorrect or incomplete information provided by the Client.
6.2 The Company’s liability is limited to the amount paid out by its professional liability insurance in the relevant case.
6.3 The Company is not responsible for the performance of third parties, such as appraisers, building inspectors, or notaries, even if recommended by the Company.
7. Termination of Assignment
7.1 Both parties may terminate the assignment at any time in writing.
7.2 If the Client terminates the assignment, they are obliged to reimburse the Company for any costs already incurred (e.g., marketing materials, photography, and “funda” placement fees) as agreed upon in the initial assignment.
8. Intellectual Property
8.1 Evlev Real Estate retains all intellectual property rights to photographs, floor plans, and descriptions created for the promotion of the property. The Client may not use these for other purposes without written permission.
9. Complaints and Disputes
9.1 Complaints regarding the services must be submitted in writing to Evlev Real Estate within a reasonable time after discovery.
9.2 These terms and all agreements are governed exclusively by Dutch Law.
9.3 Any disputes shall be submitted to the competent court in the district where Evlev Real Estate is established, unless mandatory consumer law dictates otherwise.
Contact Information
Evlev Real Estate Thorbeckestraat 7
1161 XR Zwanenburg
The Netherlands
Email: [email protected]