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The Exclusive Agency Agreement (Real Estate) is a crucial document in Dutch property transactions, used when a property owner wishes to grant sole marketing and representation rights to a single real estate agency. This document is essential in both commercial and residential property markets in the Netherlands, providing clear framework for the exclusive relationship between the property owner and their chosen agent. It is structured to comply with Dutch Civil Code requirements and real estate industry standards, incorporating necessary provisions for commission structures, marketing obligations, and service levels. The agreement is particularly important in situations requiring focused marketing efforts and clear accountability, typically used for high-value properties or when owners want to ensure coordinated, singular representation in the market. The document includes comprehensive details about property marketing strategy, commission terms, duration of exclusivity, and specific obligations of both parties under Dutch law.

1. Parties: Identification of the Principal (property owner) and the Agent (real estate agency), including full legal names, addresses, and registration details

2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into an exclusive agency relationship

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Commission', and 'Services'

4. Appointment and Scope: Explicit statement of the exclusive appointment and detailed description of the services to be provided by the agent

5. Duration and Exclusivity: Term of the agreement and specific provisions regarding the exclusive nature of the appointment

6. Agent's Obligations: Detailed listing of the agent's duties, responsibilities, and service commitments

7. Principal's Obligations: Principal's responsibilities, including providing accurate information and cooperation

8. Commission Structure: Detailed explanation of fees, commission rates, payment terms, and circumstances under which commission becomes payable

9. Marketing and Promotion: Agreed marketing strategy, advertising commitments, and promotional activities

10. Property Information: Requirements for property documentation, disclosures, and handling of property information

11. Confidentiality: Obligations regarding confidential information and data protection compliance

12. Liability and Insurance: Limitation of liability provisions and insurance requirements

13. Termination: Grounds for termination, notice requirements, and consequences of termination

14. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

15. General Provisions: Standard clauses including entire agreement, amendments, and severability