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Exclusive Agency Agreement (Real Estate) for the Netherlands

Exclusive Agency Agreement (Real Estate) Template for Netherlands

An Exclusive Agency Agreement under Dutch law establishes a binding relationship between a property owner and a real estate agency, granting the agency sole and exclusive rights to market and sell/lease the specified property. The agreement, governed by Dutch Civil Code (Burgerlijk Wetboek) and relevant real estate regulations, details the scope of services, commission structure, marketing obligations, and terms of exclusivity. It includes comprehensive provisions for property representation, marketing strategies, commission calculations, and compliance with Dutch real estate practices and regulations.

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Exclusive Agency Agreement (Real Estate)

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What is a Exclusive Agency Agreement (Real Estate)?

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.

What sections should be included in a Exclusive Agency Agreement (Real Estate)?

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

What sections are optional to include in a Exclusive Agency Agreement (Real Estate)?

1. Anti-Money Laundering Compliance: Specific provisions regarding AML requirements and procedures, required when dealing with high-value properties or international clients

2. Digital Marketing Services: Detailed provisions for online marketing strategies and virtual tours, relevant for properties requiring enhanced digital presence

3. International Marketing: Additional provisions for marketing the property internationally, applicable for high-end properties or those targeting international buyers

4. Property Management: Additional services related to property management during the sale period, relevant when the property is vacant or requires specific maintenance

5. Post-Sale Services: Provisions for services extended beyond the sale completion, applicable when additional support is needed

6. Force Majeure: Specific provisions for unforeseen circumstances affecting the agreement, particularly relevant in uncertain market conditions

7. Multiple Properties: Additional provisions for cases where the agreement covers multiple properties

What schedules should be included in a Exclusive Agency Agreement (Real Estate)?

1. Schedule 1 - Property Details: Detailed description of the property, including address, registration details, and specific features

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

3. Schedule 3 - Marketing Plan: Specific marketing activities, timelines, and budgets

4. Schedule 4 - Service Level Agreement: Detailed description of service standards, response times, and performance metrics

5. Schedule 5 - Required Documentation: List of required property documents and certificates

6. Appendix A - Property Photographs: Official photographs and floor plans of the property

7. Appendix B - Agent's Credentials: Copies of relevant licenses, certifications, and professional memberships

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions














































Clauses








































Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Professional Services

Legal Services

Property Management

Construction

Urban Development

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Marketing

Operations

Property Management

Asset Management

Contract Administration

Risk Management

Relevant Roles

Real Estate Agent

Property Manager

Legal Counsel

Contract Manager

Business Development Manager

Sales Director

Property Developer

Commercial Director

Compliance Officer

Real Estate Broker

Marketing Manager

Transaction Manager

Asset Manager

Portfolio Manager

Operations Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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