Terms & conditions Evi Properties

ARTICLE 1 – WHEN ARE THESE CONDITIONS APPLICABLE?
These general terms and conditions apply to every order for services that a client gives to us
as a broker in immovable property.

ARTICLE 2 – WHAT DO CERTAIN TERMS MEAN?
In these general conditions the following terms are understood to mean:
a. Private Client: Client, natural person, who does not act in the exercise of a profession or
business (consumer)
of a profession or business (consumer).
b. Mediator: an employee of Evi Properties who acts as a mediator
A mediator promotes the interests of his client.
c. Wage: the fee paid by the client to the intermediary for his services, excluding additional
costs. In practice, remuneration is often called “brokerage”, “commission” or “fee”.
d. Written: written also means by email.

ARTICLE 3 – HOW DO THE INTERMEDIARY AND YOU ARRANGE THE ASSIGNMENT?
1. The intermediary lays down the assignment in writing. At that time he indicates that these
general conditions are in force.
2. The assignment contains in any case a clear description of the services, the pay and the
costs. Do you subsequently instruct the intermediary to perform other or additional services?
Then the intermediary will confirm this to you in writing, including the price agreements for
these services. The intermediary can make use of a price list with an overview of his wage
rates and costs to third parties.
3. The wages and costs in the assignment are exclusive of IVA.
4. If you accept the offer of the intermediary, there is a question of an assignment. In case of
a difference of opinion, the intermediary must be able to prove that you have accepted the
offer. If he cannot, you do not have to pay the intermediary anything.
5. You will receive these general conditions at the offer of the intermediary.

ARTICLE 4 – WHAT ARE THE OBLIGATIONS OF THE INTERMEDIARY?
1. The intermediary carries out the assignment with care and expertise. In doing so, he will
look after your interests.
2. The intermediary will keep you informed of his progress on a regular basis.
3. The intermediary is obliged to adequately insure his liability for damage and to keep it
insured.
4. The intermediary adheres to the legal provisions with the processing of personal data.
5. The intermediary is not allowed to act for the seller and the buyer of the same object,
unless both buyer and seller expressly agree to this. The intermediary can also not act for
the tenant and the landlord of the same object, unless the landlord and tenant give their
explicit consent. In such a case, the intermediary must consult with his/her clients as soon as
possible and suspend or terminate one of the assignments (see article 15).
6. The intermediary is not allowed to conclude an agreement on your behalf, unless you
have given a written authorisation to do so.

ARTICLE 5 – WHAT ARE YOUR OBLIGATIONS?
1. You give the intermediary all the information that he needs to execute the assignment.
2. Unless you have agreed otherwise in writing, you must not undertake any activities that
could hinder the intermediary in fulfilling his task. For example, you must not use another
mediator.
3. You shall enable the mediator to fulfil his duties and any other legal obligations.
4. If your property or parcel has been sold and the buyer appeals to a resolutive or
suspensive condition in the purchase agreement or to a dissolution within the legal
cooling-off period, you have to report this immediately to the intermediary in writing.

ARTICLE 6 – WHAT ACTIVITIES DOES THE INTERMEDIARY CARRY OUT?
1. The intermediary carries out the activities that are necessary for the fulfilment of the
assignment for the agreed wage. The assignment concerns mediation or the provision of
other services.
2. All activities that have been agreed upon for the earnings are clearly, comprehensively
and as concretely as reasonably possible recorded in writing.
3. If it concerns an assignment to mediate, the assignment always includes the following
activities:
– assessing the value of the immovable good;
– giving advice on (the conduct of) negotiations;
– conducting negotiations and or mediating.
4. Unless explicitly agreed otherwise in writing, the assignment to mediate shall also include
at least the following activities:
– carrying out the necessary promotional activities and providing the necessary promotional
material;
– collecting and requesting information about legal, fiscal, constructional and other relevant
aspects concerning the immovable property and informing about these, if necessary
– Assisting in obtaining an energy label or energy performance certificate;
– arranging and supervising viewings;
– giving advice on and drawing up the (purchase or rental) agreement;
– supervising the settlement of the purchase, sale and rental agreement.

ARTICLE 7 – WHEN HAS THE MEDIATOR FULFILLED THE COMMISSION?
1. Unless you have agreed otherwise, the following applies:
– The intermediary has fulfilled his task as soon as the agreed service has been provided.
– In the case of a mediation commission, the mission has been fulfilled when the purchase or
rental agreement has been signed by both parties. The intermediary must still accompany
you through the process.
– A mediation assignment has also been fulfilled if, during the term of the assignment, a
purchase or rental agreement is concluded which is not the result of services provided by the
mediator. If you, as a buyer or tenant, have given an assignment and you buy or rent
something outside the area to which the assignment relates, then the assignment has not
been fulfilled.
2. In the case of purchase or rental agreements which include suspensive or resolutory
conditions, the commission is only fulfilled if the suspensive conditions have been fulfilled
and the parties can no longer invoke a resolutive condition.

ARTICLE 8 – HOW IS THE PAY CALCULATED?
1. You agree in advance with the intermediary how the salary will be calculated. Is it, for
example, a percentage of the purchase price, a fixed total amount or an hourly rate? This is
laid down in the contract.
2. Unless otherwise agreed, the purchase price is the amount that the buyer has to pay the
seller. This amount does not include the costs for the transfer, such as transfer tax, notary
fees and cadastral rights.
3. Additional agreements are often required for more special cases. Unless otherwise
agreed, purchase price is understood to mean:
– If IVA is payable on the purchase price: the amount including IVA.
– In the case of new construction: the purchase and contracting price together, including IVA.
– In the case of leasehold and/or building rights: the amount that the purchaser and seller
agree, increased by an amount equal to ten times the periodic payment on an annual basis.
4. If the wage is calculated on the basis of the rent, the rent shall be understood to mean: the
amount that the lessee pays per month in rent (including any movable property that is also
leased). Any discounts on the rent are not included in the calculation of the wages. This
applies unless you have agreed otherwise.

ARTICLE 9 – WHAT COSTS DOES THE INTERMEDIARY CHARGE?
Besides wages, the intermediary can also charge costs, for example for advertisements. He
will only charge these costs if you have agreed to this beforehand. Any agreements made
will be recorded in writing.

ARTICLE 10 – WHEN IS THE INTERMEDIARY ENTITLED TO THE WAGES AND COSTS?
1. Unless otherwise agreed:
a. the intermediary is only entitled to remuneration when the assignment has been fulfilled.
You pay the costs
You pay the costs after they have been incurred by the intermediary.
b. In the case of a brokerage assignment for sale or purchase, you pay the wages in
proportion to the payments made by the buyer.
c. You do not have to pay interest over the period between the fulfilment of the assignment
and the legal delivery.
2. Before you have to pay, the intermediary sends you an itemised invoice with a reasonable
payment term.
3. Has the assignment been given by more than one person? Then each of you is severely
liable for paying the wages and costs.

ARTICLE 11 – WHAT WILL THE INTERMEDIARY DO IF YOU DO NOT PAY ON TIME?
1. If you do not pay on time, the intermediary will send you a reminder to pay. You are then
given the opportunity to pay within two weeks after receiving the reminder.
2. Do you not pay within these two weeks? Then you are in default and the intermediary is
allowed to charge the statutory interest.
3. After the aforementioned two weeks, the intermediary can collect the outstanding amount
(or have it collected). The costs of this (e.g. collection costs) will be at your expense, unless
the court decides otherwise. There are legal limits to the height of these costs.

ARTICLE 12 – CAN YOU WITHDRAW THE ASSIGNMENT?
1. You may not withdraw the commission if there is a question of a period of exclusivity,
unless there is a question of force majeure or the object no longer being offered to the
market.
2. Has the assignment been issued by two or more people? Then the order may only be
withdrawn by these clients jointly.
3. If the assignment is withdrawn, the intermediary has the right to be compensated for the
incurred costs based on a specification from the intermediary.

ARTICLE 13- CAN THE INTERMEDIARY RETURN THE ASSIGNMENT?
1. The intermediary can only give the assignment back if there are weighty reasons for doing
so. A weighty reason is in any case:
– When a mediator would otherwise work for both buyer and seller (or for both hirer and
hirer) (see
would otherwise work for both buyer and seller (or for both tenant and landlord) (see Article
5 paragraph 5); or
– A serious disturbance of the relationship between the intermediary and you.
– The intermediary indicates in writing if he returns the assignment
2. You do not have to pay the intermediary wages if he returns the assignment. This can be
different if Article 17 applies. You do have to pay any costs made (insofar as agreed), unless
this is unreasonable.

ARTICLE 14 – WHAT HAPPENS IF A SALES OR RENTAL AGREEMENT IS NOT
EXECUTED?
It may be that the instruction for mediation has been fulfilled, the contract of sale or hire has
been signed and suspensive and resolutory conditions (including the statutory cooling-off
period) have been worked out. But if one of the parties does not cooperate, the purchase or
rental agreement will still not result in an actual transfer or (in the case of rental) occupation
of the rented property. In such a case, the intermediary has the right to the agreed salary,
unless you can plausibly demonstrate that the intermediary has failed and that as a result
the purchase or rental agreement will not be implemented.

ARTICLE 15 – WHAT HAPPENS IF THE IMMOVABLE PROPERTY IS ALLOCATED TO
ONE OF THE OWNERS, THE PARTNER OR A THIRD PARTY?
In some cases a property (or other object) is allocated to one of the owners, the spouse or
partner while the brokerage assignment to sell is still running. The assignment therefore
ends. If it has been agreed that the mediator’s remuneration is dependent on the sale of the
property, the remuneration is calculated on the basis of the value of the allocation. For
example, if in the case of a divorce (both partners own 50% of the house) one of the
partners allocates his or her share to the other, the fee is calculated on 50% of the value of
the house. This principle also applies if the owner donates part of the house to a third party.
The mediator and you can make other agreements on how the fee is calculated in the case
of allocation.

ARTICLE 16 – WHAT HAPPENS WHEN YOU DIE?
1. If you are the only client, the assignment ends when you die, unless your heirs want to
continue the assignment.
2. If there are several clients, the commission ends when one of you dies, unless the other
client wishes to continue the commission.
3. If the commission is terminated as a result of the death of (one of) the Client(s), Articles
12(3) and 12(4) apply.

ARTICLE 17- CAN IT BE THAT YOU STILL HAVE TO PAY A SALARY TO THE
INTERMEDIARY AFTER THE TERMINATION OF THE ASSIGNMENT?
If, after the termination of the broker’s assignment, a purchase or rental agreement is still
concluded, the following applies. You have to pay the intermediary wages if he proves that
this agreement is the result of his services or that an agreement has not been reached
because you have acted contrary to Article 6 paragraph 2. The intermediary has the right to
the agreed wage or a reasonable part thereof, unless you have made other agreements.

ARTICLE 20 – WHAT HAPPENS IF YOU HAVE A DISPUTE WITH YOUR MEDIATOR?
If you have a complaint about the realisation or the execution of the commission, you have to
report this complaint in writing to the intermediary.
2. Does the complaint not lead to a solution? Then you can call in a mediator who mediates
in the resolution of this dispute.
3. You can also submit the dispute to the court.

Recieve new properties by email

4 + 9 =

Contact

Call & WhatsApp us
+34637724230

Information

e-mail us  
erith@evi-properties.com

Translate »