The Broker Fee Contract (Makelaarsovereenkomst) is a crucial document used in the Netherlands to formalize the relationship between professional intermediaries and their clients. This agreement is essential for businesses and individuals engaging broker services across various sectors, from real estate to financial services. The contract is structured to comply with Dutch Civil Code requirements, particularly Book 7's provisions on commission agreements and intermediary services. It serves to clearly define the scope of services, fee structures, payment terms, and professional obligations while incorporating necessary regulatory compliance elements. The document is particularly important in the Dutch market where broker services are highly regulated and professional standards must be maintained. This contract type helps prevent disputes by clearly outlining expectations, responsibilities, and compensation arrangements between parties.
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1. Parties: Identification of the broker and the client, including registration numbers, addresses, and relevant licenses
2. Background: Context of the agreement and brief description of the broker's services and client's needs
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the broker's services, responsibilities, and limitations
5. Duration and Termination: Term of the agreement and conditions for termination by either party
6. Broker's Fee Structure: Detailed breakdown of fees, payment terms, and conditions for earning the fee
7. Payment Terms: Specifics about invoicing, payment deadlines, and late payment consequences
8. Obligations of the Broker: Broker's duties, professional standards, and compliance requirements
9. Obligations of the Client: Client's responsibilities, including information provision and cooperation
10. Confidentiality: Provisions regarding confidential information handling and protection
11. Liability and Insurance: Limitation of liability, professional insurance, and indemnification provisions
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Exclusivity: Used when the broker is granted exclusive rights to represent the client
2. Sub-contractors: Include when the broker may need to engage other professionals
3. Special Market Conditions: Required for specific market segments with unique requirements
4. Data Protection: Detailed GDPR compliance section when handling personal data extensively
5. Anti-Money Laundering: Required for real estate brokers and financial services
6. Performance Metrics: Include when specific performance standards are agreed upon
7. Territory Restrictions: Used when the broker's services are limited to specific geographic areas
8. Marketing Authorization: When the broker needs specific permissions for marketing activities
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, commissions, and payment structures
2. Schedule 2 - Service Description: Comprehensive list of included and excluded services
3. Schedule 3 - Required Documentation: List of documents required from the client for proper service provision
4. Appendix A - Broker's Licenses: Copies of relevant professional licenses and certifications
5. Appendix B - Standard Terms: Standard terms and conditions referenced in the main agreement
6. Appendix C - Privacy Notice: Detailed privacy policy and data protection procedures
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Financial Services
Insurance
Business Brokerage
Commodities Trading
Art and Collectibles
Merger and Acquisition
Commercial Property
Maritime and Shipping
Import/Export
Relevant Teams
Legal
Compliance
Operations
Business Development
Sales
Risk Management
Contract Administration
Client Services
Real Estate
Financial Services
Commercial
Relevant Roles
Broker
Real Estate Agent
Financial Intermediary
Business Development Manager
Legal Counsel
Compliance Officer
Contract Manager
Business Broker
Property Manager
Investment Advisor
Commercial Director
Risk Manager
Operations Manager
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