I. General
1.1 These conditions and fees apply to services relating to immovable property and its derivatives. Unless stated otherwise, real estate means: real estate and limited rights thereon.
1.2 BRIQ real estate B.V. will carry out accepted assignments to the best of its knowledge and ability and with due observance of the interests of the client. BRIQ real estate B.V. may have the work necessary to carry out the order carried out by others under its responsibility. If an instruction is given by more than one (legal) person, each of them will be jointly and severally liable for the amounts due to BRIQ real estate B.V. under that instruction.
1.3 Claims for fees due will be due and payable if and as soon as the assignment has been carried out or ends for any other reason, unless these terms and conditions and rates indicate otherwise in the event that the client and BRIQ real estate B.V. agree otherwise. This also applies to disbursements and expenses incurred. The client and BRIQ real estate B.V. may agree on payment in advance by the client. They may also agree interim settlement of disbursements and expenses incurred.
1.4 A client to whom payment of fees, disbursements or expenses has been requested in writing by means of an invoice or in some other manner, and from whom no payment has been received within 14 days after a second written request, will be liable for the costs incurred by BRIQ real estate B.V. as from the expiry of those 14 days, both in and out of court, for the collection of its claim. He will also owe statutory interest on that claim from that time.
1.5 All amounts and rates stated in these General Terms and Conditions and Rates must be increased by 21% turnover tax.
II. Services relating to formation of contracts
Assignment
2.1 Insofar as this chapter does not indicate otherwise, “Assignment” means an assignment to provide services relating to the realisation of an agreement regarding real estate.
2.2 The client will refrain from activities that could hinder BRIQ real estate B.V. in the fulfilment of its assignment or that could interfere with its activities. The client will not make use of similar services provided by parties other than BRIQ real estate B.V. unless other agreements have been made in writing. The client will not conclude and negotiate an agreement without the assistance of BRIQ real estate B.V.
2.3 An assignment runs for an indefinite period of time. It will end inter alia by: – fulfilment by BRIQ real estate B.V.; – withdrawal by BRIQ real estate B.V.; – return by BRIQ real estate B.V. BRIQ real estate B.V. has fulfilled its assignment as soon as the intended contract has come into being as a result of services provided by it. Completion of the assignment does not affect its obligation arising from the assignment to assist the client in the completion of the contract. For contracts for which the final conclusion or the obligation to perform depends, pursuant to a clause in the contract, on a condition precedent or resolutive condition, the fulfilment of the order shall also depend thereon. The withdrawal or return of an order must be in writing. The date on which BRIQ real estate B.V. or the client respectively receives the written notification regarding the withdrawal or return of an order, or the later date referred to in that notification, will apply as the date of termination of the order. Upon termination or suspension of the assignment, costs may be charged in accordance with the provisions of Article 2.12. After the end of the assignment, payment obligations may arise in accordance with the provisions of Article 2.5.
Fee
2.4 The client will owe BRIQ real estate B.V. a fee if an agreement is concluded during the term of the assignment, even if it deviates from the assignment. This also applies if this agreement is not the result of services provided by BRIQ real estate B.V.
2.5 The client will also owe a fee if the agreement is concluded after the end of the assignment but as a result of acting contrary to article 2.2 or if this conclusion is related to services provided by BRIQ real estate B.V. to the client during the term of the assignment. Unless the law provides otherwise, this connection will be presumed to exist if the agreement is concluded within four months after the end of the assignment. 2/5 If the assignment ends as a result of withdrawal by the principal and the principal observes a deadline when withdrawing the assignment, the aforementioned period of four months will be as much shorter as there is time between the time when BRIQ real estate B.V. receives the written notification regarding the withdrawal and the time when the assignment ends. The above does not apply if at the time the assignment ends a similar assignment has been granted to a fellow real estate agent and this assignment is still ongoing at the time the agreement is concluded.
2.6 If a concluded agreement is not fulfilled due to default of one of the parties or for any other reason, this will not affect the right of BRIQ real estate B.V. to a fee. For agreements of which the final conclusion or the obligation to perform is dependent on a suspensive or resolutive condition pursuant to a clause in the agreement, the right to a broker fee will also depend on this, unless one or both of the parties does not apply the relevant condition in accordance with its purport.
2.7 The amount of the fee depends on the type and content of the agreement concluded, even if it deviates from the assignment and irrespective of whether the agreement is concluded during the term of the assignment or after its termination. The amount shall be determined by what is stipulated in parts rates in case of purchase and sale (Article 3.4 ff.), rental and hire (Article 3.15 ff.). Where a fee obligation in accordance with the provisions of Article 2.5 arises after the end of the assignment.
2.8 The formation of a contract is also understood to mean the client’s cooperation in an act as a result of which the real estate is wholly or partly sold or allocated to the client and/or a third party and in connection therewith the performance of the assignment does not proceed any further.
2.9 No brokerage fee shall be payable on the costs associated with the formation and performance of a contract, such as notarial costs and transfer tax. The chargeability and the amount of the fee shall not be affected by what the parties to the agreement mutually agree in this respect.
2.10 In case BRIQ real estate B.V. cannot determine the amount of the fee to be charged due to action of its client, it will be entitled to determine this amount according to its own estimate and the fee will be due according to this amount.
2.11 Subject to the provisions of article 2.6, the fee shall be due and payable at the time the agreement is concluded.
Costs
2.12 Unless otherwise agreed, the client will reimburse the costs incurred by BRIQ real estate B.V. on behalf of the client. BRIQ real estate B.V. must consult with the client in advance regarding the costs incurred and the scope thereof. The same applies if the assignment is suspended or terminated by withdrawal or otherwise.
III. Rates for services relating to commercial immovable property
3.1 All fees mentioned in this chapter are exclusive of statutory sales tax.
3.2 The hourly rate for services relating to commercial immovable property is €250.
3.3 The fee due upon suspension or withdrawal of an order for services shall be equal to 15% of the fee appropriate to the last asking price used, but shall be at least € 500. An assignment to let or rent whereby the broker fee partly depends on the duration of the rental agreement to be concluded shall in this connection be regarded as an assignment to let for five years. If the assignment results in an intended term of less than five years and that term can reasonably be determined, that term shall be assumed.
Buying and selling rates
Private
3.4 In the case of agreements of purchase and sale, both in the case of purchase and sale, the brokerage fee shall be calculated on the relevant purchase price in the manner provided for in Article 3.6 with due observance of the rules set out below.
3.5 The purchase price means the amount that the buyer and sellers agree as such. No brokerage fee will be charged on the costs and rights attached to the transfer (such as transfer tax, notarial costs and cadastral rights). If turnover tax is due on the purchase price or is included in the purchase price, the fee shall also be calculated on the amount of the turnover tax unless the buyer is entitled to deduct the turnover tax.
3.6 The brokerage fee referred to in Article 3.4 is for a purchase price up to € 500,000: 2% with a minimum of € 1,250; from € 500,000 to € 2,500,000: € 10,000 + 1.75% over the amount in excess of € 500,000; from € 2,500,000 and above: € 45,000 + 1.55% over the amount in excess of € 2,500,000.
3.7 If, in an agreement of purchase and sale, the selling price consists of an annuity payment, the fee will be calculated on the value attributed to the immovable property in order to calculate the transfer tax due.
3.8 In the case of immovable property under construction or yet to be built, the fee will be calculated on the agreed amount of the purchase and contract price together or on the expected building price or construction costs as shown in the agreement, all this including turnover tax, unless the buyer is entitled to deduct the turnover tax.
3.9 In the event of purchase and sale of a right of emphyteusis or of a superficies with emphyteusis land, the fee will be calculated over the purchase price increased by an amount equal to fifteen times the periodic fee on an annual basis. If there is no ground rent, the client and BRIQ real estate B.V. may agree that the fee will be increased by an amount to be agreed. 3/5
3.10 In the case of the purchase and sale of flat rights, the fee will be calculated on the purchase price of the flat right.
3.11 When buying and selling membership rights in a cooperative for the exploitation of real estate or shares in undivided properties, the fee will be calculated on the purchase price of the relevant membership right or share, without deduction of the share in any mortgage loan.
3.12 In case of purchase and sale of shares in a public or private limited company, the fee shall be calculated on the fraction traded, according to the relevant number of shares, in the sale value of the company’s real estate.
3.13 With contracts of sale and purchase shall be assimilated with purchase and sale: – of exchange purchase; – of hire purchase; – of purchase and sale by instalments; – of purchase and sale which do not or simply contain the obligation to transfer ownership (economic transfer); – to establish the right of emphyteusis or building lease, on the understanding that the broker fee shall be calculated as follows; – in the case of hire purchase and purchase and sale by instalments and a purchase and sale that does not or does not automatically entail transfer of ownership, over the purchase price; – in the event of establishing a right of emphyteusis or building lease, over ten times the agreed periodic fee on an annual basis, or over the agreed lump-sum fee.
3.14 If, in addition to real estate, movable property (e.g. furniture, furnishings and inventory) or property rights (e.g. goodwill) are bought and sold, or property rights such as indemnities, registrations, contributions and similar claims against third parties are also transferred or such rights are agreed between the parties, the fee shall also be charged on the purchase price of these items and property rights. The fee for the part of the purchase price not related to real estate shall be 10% of the purchase price.
Charges in case of rental and leasing
3.15 In the event of rental and leasing agreements, both in the event of rental and leasing, the fee shall be calculated on the rental sum in the manner provided for in Article 3.17 and with due observance of the other rules mentioned below.
3.16 The rent sum means the performance agreed by the tenant and landlord as remuneration for the sole enjoyment of the immovable property for the first rental year. If turnover tax is due on the rental sum or is included in the rental sum, the brokerage fee shall also be calculated on the amount of the turnover tax, unless the tenant is entitled to deduct the turnover tax. If, pursuant to the agreement, in any subsequent year a different amount of rent will be due than in the first year of rent, that amount was already fixed when the agreement was concluded, and it appears to have a purpose other than to keep the rent in line with the value development of the euro, the total of those amounts, divided by the number of years to which they relate, will be taken into account for the calculation of the fee.
3.17 The fee referred to in article 3.15 shall be calculated in proportion to the number of lease years agreed. For tenancy agreements entered into for a period of five years, the broker fee shall be 16% of the rental sum with a minimum of € 1,250. For leases concluded for a period of more than five years, the brokerage fee shall be calculated as above plus 0.6% of the rental sum for each rental year after the fifth year. For leases entered into for a period of less than five years, the brokerage fee shall be calculated as above reduced by 0.6% of the rental sum for each full year that the agreement is shorter than five years.
3.18 Portions of lease years shall count as full lease years for the purpose of calculating the brokerage fee except in the context of the discount scheme referred to in Article 3.17. Agreements for an indefinite period and agreements for less than five years that provide for renewal by option or otherwise shall be regarded as agreements entered into for a period of five years or so much less as corresponds to a termination date provided for in the agreement, for the purpose of calculating the brokerage fee. In contracts for a period of five years or longer, option years or years of tacit renewal included as a possibility do not affect the amount of the broker fee. If the agreement is entered into for a period of less than one year without it being clear from the agreement that it can be continued for a definite or indefinite period after the expiry of this period, the broker fee shall be calculated in accordance with the standards of Article 3.2, with a maximum of the amount that would be calculated if the agreement had been entered into for one year.
3.19 The following shall be equated with rental and leasing agreements: – lease agreements; – lease-exchange agreements; – agreements for occupation; – agreements concerning a right in rem for use or occupation; – other similar agreements, such as leasing.
3.20 In the event of reletting, the brokerage fee shall be three quarters of the amount due under article 3.17. Re-letting shall be understood to mean the conclusion of a new rental agreement between the same parties in respect of the same object, for a period subsequent to the current rental period. 4/5
3.21 If on the occasion of the conclusion of the Lease, an option right to purchase, a right of first refusal to purchase or an obligation to purchase is agreed for a sum, the size or method of calculation of which is laid down in the agreement or which must be determined with the assistance of BRIQ real estate B.V., and the purchase is effected during the agreed or extended term of the original or renewed lease, the fee for the purchase and sale will be due in accordance with the rates for purchase and sale. However, from the amount thus due, provided that the purchase is effected within five years of the conclusion of the lease and rental, a quarter of the brokerage fee received on account of the lease and rental shall be deducted to the extent that this quarter does not exceed a quarter of the brokerage fee on account of the purchase and sale.
3.22 If movable property (such as furniture, furnishings, inventory) or property rights (such as goodwill) are also leased or let, the fee shall also be charged over the lease price agreed for such property. If the goods are co-purchased and sold or property rights such as damages, subscriptions, contributions and similar claims are transferred to third parties or such rights are agreed between the parties, the fee shall be calculated in accordance with Article 3.14.
3.23 If the lease sum as referred to in Article 3.16 is not expressed in money, the amount that BRIQ real estate B.V. considers correct according to its own appraisals will apply for the calculation of the fee.
3.24 An amount of € 750 will be charged for drawing up a contract concerning a tenancy agreement at the conclusion of which BRIQ real estate B.V. has not provided its services.
3.25 A minimum fee of € 500 applies in all cases, unless these General Terms and Conditions and rates deviate from this.
IV Appraisal fees
4.1 An appraisal assignment means an assignment to give an opinion of value and issue a report thereon.
4.2 The report shall include the name of the client, a brief, factual description of the appraised property, the relevant land registry data, an indication of the owner, the opinion requested on the value and the type thereof, an indication of special circumstances taken into account in this opinion, the purpose of the appraisal and the date on which it was carried out.
4.3 The report shall be issued to the client. The broker only accepts responsibility towards him for the contents of the report. The client is free to make the report or details thereof, unless it evidently only contains information intended for him, available for inspection or use by third parties, provided he has paid the due fee to the broker and he makes it clear to such third party that the broker does not accept any responsibility towards third parties in respect of the content of the report. The broker shall not make the report available to third parties except in consultation with his client.
4.4 In the event of an assignment to several brokers jointly, these brokers shall jointly issue a report. This report shall reflect their joint findings. If the estate agents do not succeed in reaching joint conclusions, they shall consult with the client about the publication of a report containing their divergent conclusions or the revocation of the assignment.
4.5 The client shall owe a fee according to the rate stated in the following articles.
4.6 If the assignment given extends beyond an assignment for valuation as referred to in article 4.1, a fee shall be due for the services extending beyond this, calculated according to the standards of article 3.2.
4.7 An assignment is deemed to be more far-reaching if, among other things, the appraised property must be extensively described or measured, market data must be presented and analysed, the value assessment must be explained in greater detail, the value arrived at must be justified on the basis of one or more methods, calculations must be made regarding the probable costs in connection with the state of repair or renovation, and considerations must be given regarding various possibilities for use or future expectations.
4.8 Unless Article 4.9 and/or 4.10 applies, the fee is calculated according to the appraised value: up to € 500,000: 2 ‰ with a minimum of € 600; from € 500,000 up to € 2,500,000: € 1. 000,– + 1.90 ‰ on the excess above € 500,000,–; from € 2,500,000,– to € 5,000,000,– : € 4,750,– + 1.80 ‰ on the excess above € 2,500,000,–; from € 5,000,000,000 and higher : € 8,500,– + 1.75 ‰ on the excess above € 5,000,000,–.
4.9 In the event of an appraisal of the rental value, the rate is calculated on the basis of the appraised rental value on an annual basis: up to € 50,000: 2% with a minimum of € 600; from € 50,000 to € 250,000: € 1. 000,– + 1.90% on the excess above €50,000,–; from €250,000,– to €500,000,– : €4,750,– + 1.80% on the excess above €250,000,–; from €500,000,– and above : €8,500,– + 1.75% on the excess above €500,000,–. If, in the context of such valuation, an assessment is made against government-imposed standards, the fee in connection with the related work may be increased by a fee in accordance with article 3.2 for that work.
4.10 In the event of an appraisal of the reinstatement value, whether or not in connection with Article 275 of the Commercial Code, the fee shall be 90% of that mentioned in Article 4.8, with a minimum of €500. If the appraisal requires more time attention or effort in relation to the usual course of business, an additional amount may be reasonably agreed in connection therewith.
4.11 The fee shall be charged per plot. However, if the plots form a complex, or can be equated with it due to their location in relation to each other, they shall be considered as forming one plot for the purpose of calculating the fee.
4.12 If the value of a share in real estate is assessed, the fee shall be calculated according to the assessed value of the entire real estate. 5/5
4.13 When appraising the value of a flat right or a membership right of a cooperative, the rate shall be calculated according to the appraised value of the flat right or that membership right.4.14 When appraising the value of encumbrances on leasehold land or the right of emphyteusis (whether or not with rights of the emphytee to the encumbrances), the rate shall be calculated on the appraised amount plus the amount equal to ten times the applicable canon on an annual basis. If there is no canon, the client and broker may agree that the fee will be increased by an amount to be agreed.
4.15 In the event of valuation pursuant to an assignment granted to several brokers, the fee shall be charged by each of the brokers.
4.16 If the assignment relates to more than one type of value, or if it is necessary to assess other types of value in order to give the requested appraisal and these assessments are stated in the report, the fee shall be calculated according to the highest of the values. The reinstatement value will not be taken into account. In case of an appraisal for the purpose of a mortgage loan, the fee will be calculated according to the private sale value.
4.17 A discount of 15% applies to reappraisals within three years.
4.18 If an assignment is withdrawn before it has been performed, a fee will be due for the work already performed, calculated according to the standards of article 3.2.
4.19 Disbursements shall be charged. The same may reasonably be done in respect of travel and accommodation expenses incurred.
V Limitation of liability
5.1 Any liability of BRIQ real estate B.V. and/or its employees is limited to a maximum of three times the amount of the fee ensuing from the order, but not exceeding € 500,000 per incident as well as € 1,000,000 per calendar year and is covered by the professional liability insurance of BRIQ real estate B.V. Any claim for compensation will lapse one year after the execution of the order.
5.2 In the case of a service provision assignment carried out in a collegial cooperation lo is in no way liable for shortcomings and possible damage caused by the actions or omissions of colleagues arising from this collegial cooperation.
