Terms and Conditions
The General Terms and Conditions are the basis for business transactions with our clients at Dutch locations of Von Poll Real Estate Amsterdam. They simplify, accelerate and standardise the signing of contracts through a set of pre-formulated rules. For merchants as defined by the Dutch Commercial Code they also apply to all future business transactions without the need for an explicit agreement.
All information and documents, including our property references, issued by us are intended solely for our clients and may not be disclosed to third parties without the written consent of Von Poll Real Estate Amsterdam. Infringements by the disclosing party will be liable, if necessary, to the payment of the commission at the originally agreed upon amount, in the event of concluding a main agreement (lease or purchase agreement).
The client expressly agrees that in order to fulfil its obligations, Von Poll Real Estate Amsterdam is authorised to process the necessary personal data of the client in accordance with statutory regulations.
§3 Limitation of Liability
Please note that the property information, documents, plans, etc., which we share originate from the seller or landlord. As a result, we assume no liability for the accuracy or completeness of the information. Therefore it is our customers’ responsibility to verify the accuracy of property information and data. Moreover, Von Poll Real Estate Amsterdam is only liable in cases of intent, gross negligence, lack of warranted qualities or culpable breach of a cardinal obligation. Otherwise, we are liable according to the legal provisions.
§4 Conclusion of Contract
The broker’s commission is created upon the conclusion of the legally effective main contract. The commission is earned and is due as soon as the main contract (lease or purchase agreement) is concluded. It is payable within 10 days of invoicing. If the main contract was concluded as a result of our representation or brokerage, the client must pay a commission to Von Poll Real Estate Amsterdam. Both the amount of the commission, as well as the client’s payment of the principal depend on the location of the property and local commission rates, unless another commission rate has been specified in the offer.
§5 Dual Agency
Von Poll Real Estate Amsterdam is also entitled to receive a commission from the other contract party.
§6 Disclosure Clause
The rule applying to the owner of a property which has been given to us for brokering, is that the owner is required, prior to the conclusion of the intended main agreement (purchase or lease agreement), to provide the name and address of the intended contractual partner to Von Poll Real Estate Amsterdam upon request, if the intended contractual partner was brought together with the owner as a result of our activities.
§7 Repeat Business
Von Poll Real Estate Amsterdam is also entitled to a commission for repeat business contracted within a temporal and commercial context after the signing of the original contract. Repeat business includes extensions or modifications of previously signed contracts. §8 Jurisdiction If our customer is a merchant as defined by the Dutch Commercial Code, Frankfurt am Main will be the court of jurisdiction. Dutch law shall apply. §9 Severability Clause Should one or more of the above conditions be or become invalid, it shall not affect the validity of the remaining conditions. The invalid condition shall be replaced by a provision between the parties which fulfils their economic interests as closely as possible and which is not contrary to their overall contractual agreements.