General Terms and Conditions

This is a translation of the Dutch general terms and conditions. In the event of any discrepancy between the Dutch and the English text, the Dutch text prevails.

1. Scope

These general terms and conditions apply to agreements under which financial services are provided by Today Makelaars to the client, unless the parties have expressly agreed otherwise in writing.

2. Services

In carrying out the client’s instructions, Today Makelaars will exercise due care and will take the client’s interests into account to the best of its ability.
Today Makelaars gives no guarantees with regard to the results of the work it performs, including the advice and intermediary services it provides. Today Makelaars is under an obligation of best efforts and not an obligation of result.
Today Makelaars is entitled to refuse Instructions given to it without stating reasons, even after it has sent the Client a quotation for performing the work.

3. Engagement of third parties

Today Makelaars is entitled to make use of the services of third parties in carrying out instructions. Today Makelaars is not liable for the shortcomings of such third parties if it demonstrates that it exercised due care in selecting that third party. Insofar as the agreement with an external adviser/intermediary is not concluded directly between the Client and the external adviser/ intermediary, the costs involved in engaging this external adviser/ intermediary will be passed on to the Client.

4. Change in the authority of the Client

Changes in the authority of the Client or of its representatives or authorised agents shall, even if they have been entered in the public registers, only take effect with respect to Today Makelaars after it has been notified of them in writing.

5. Service agreement

The service agreement sent to the Client shall serve as a record of what has been agreed between the parties, unless the Client has disputed its content in writing within eight days of the date on which that agreement was sent.

6. Term

The service instruction is entered into for an indefinite period with effect from the date on which the instruction was given to Today Makelaars. The service instruction ends (among other things) by termination or by the completion of the work to be performed under the instruction. The client is entitled to terminate the service instruction in writing at any time.

7. Complaints

Complaints concerning the amounts charged by Today Makelaars must be submitted by the Client to Today Makelaars in writing as soon as possible, but no later than fourteen days after the date of the invoice concerned, failing which the Client is deemed to have accepted the invoiced amounts.
Complaints regarding the quality of the work performed by Today Makelaars must be submitted to
it in writing within 14 days of the moment of full or partial performance or after the defect could have been observed, failing which the instruction is deemed to have been carried out correctly.
The date on which Today Makelaars receives the complaint is decisive for the complaint period.
Complaints do not entitle the Client to set-off or to suspension of payment.

8. Payment term and default

If the Client has not paid the invoice sent by Today Makelaars within 8 days of the invoice date, the Client is in default by that fact alone, without any further notice of default being required. From that moment, the client in default owes Today Makelaars interest on the outstanding invoice amount of one per cent per month and € 25,- in administration costs per month (part of a month counting as a full month). Set-off by the Client of amounts charged by Today Makelaars for its services against a counterclaim asserted by the Client, or suspension of payment by the Client in connection with a counterclaim asserted by it, is only permitted insofar as the counterclaim has been expressly and unconditionally acknowledged by Today Makelaars or has been irrevocably established in law. If the Client is in default in paying the outstanding amount to Today Makelaars, Today Makelaars may hand over the collection of its claim to a third party, in which case the Client is also obliged to pay the extrajudicial collection costs. The extrajudicial collection costs are set at 15% of the amount claimed, with a minimum of EUR 750,-. Payments made by the Client shall always serve first to settle all interest and costs owed and then the due invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice. If, in the opinion of Today Makelaars, the creditworthiness of the Client gives cause to do so, Today Makelaars is entitled to suspend the provision of its services until the Client has provided sufficient security for its payment obligations.

9. Right of suspension

If the Client is in default towards Today Makelaars, the latter has the right to suspend the performance of the instruction given to it until the moment at which the client has remedied the default.
The Client is never entitled to suspend or set off any payment obligation.

10. Reduced creditworthiness of the Client

Should Today Makelaars, during the term of the instruction given to it, receive indications of insufficient creditworthiness on the part of the Client – in view of the scope of the instruction given – it has the right to terminate the instruction, without prejudice to the Client’s obligation to pay for the work already performed by Today Makelaars.

11. Cancellation of instruction

From the moment the service instruction has been signed by the Client and returned to and received by Today Makelaars, the full amount will be charged to the client if the client cancels the instruction – regardless of the reason.

12. Dissolution of the agreement

Today Makelaars has the right to dissolve the agreement with immediate effect, without judicial intervention, by written declaration:

If the Client fails to perform and remains in default after a written notice of default granting a reasonable period to remedy the failure.
If the Client has been granted a (provisional) suspension of payments, has been declared bankrupt or is admitted to the statutory debt rescheduling scheme for natural persons (Wet schuldsanering natuurlijke personen).
If there are circumstances of a serious nature such that Today Makelaars cannot reasonably be required to continue the agreement until its end date.
In this situation, the Client owes payment of all invoices submitted by Today Makelaars.

13. Obligations of the Client

The Client is obliged to provide Today Makelaars with all information required for the work to be performed by Today Makelaars and therefore for the correct performance of the instruction.
The Client guarantees that all information it provides is correct, complete and up to date.
The Client indemnifies Today Makelaars against all claims by third parties against Today Makelaars arising from the information provided or not provided by the Client being incomplete or incorrect.
Today Makelaars has the right to suspend the work until the moment
at which the Client has fulfilled the obligations set out in the agreement and these general terms and conditions.
The Client gives the Contractor permission to share the information provided by the Client with parties with whom the (re)financing is applied for or parties with whom Today Makelaars cooperates.

14. Liability

Today Makelaars gives no guarantees with regard to the realisation of (re)financing, purchase or sale brokerage, brokerage of valuations or building surveys, mortgage brokerage, or brokerage or advice of any kind whatsoever.
The client(s) and estate agent(s) indemnify Today Makelaars, as well as the employees associated with Today Makelaars, against any liability relating to visible and/or hidden defects, both factual and legal, in the purchased immovable and/or movable property (properties), as well as any consequences of those defects. With regard to the state of maintenance of the property and visible and hidden defects, the selling estate agent gives a general impression of the property during the viewing. This is done on the basis of a visual inspection. This means that no judgement is given on each component separately, nor on elements that are concealed from view. The judgement of the selling estate agent or purchase intermediary is therefore no guarantee of the presence or absence of defects in the broadest sense of the word. A selling estate agent or purchase intermediary is not a building surveyor. If defects as described above come to light after completion of the property, the buyer must contact the seller directly. No exhaustive zoning investigation has been carried out. Public-law requirements for establishment, use and/or construction or alteration (including permits) have not been (fully) investigated. The buyer has a duty of investigation of their own regarding matters that are of importance to them. The buyer can never invoke ignorance of facts that they could have observed themselves or that
were apparent from the public registers. If desired, the purchase intermediary can refer you to the relevant authorities.
The property has been measured in accordance with the industry-wide measurement instruction. This measurement instruction is based on NEN2580. The measurement instruction is intended to apply a more uniform method of measurement for giving an indication of the usable floor area. The measurement instruction does not entirely rule out differences in measurement results, for example due to differences in interpretation, rounding or limitations in carrying out the measurement. The buyer has been given the opportunity, by means of viewing(s), to take the measurements of the property themselves and has/has not made use of this opportunity. The client(s) indemnify Today Makelaars, as well as the employees of Today Makelaars, against all liability in respect of any differences in the dimensions of both the usable floor area and the volume of the property that may be found later.
Today Makelaars is only liable for direct damage if this damage is attributable to intent or gross negligence on its part or on the part of its managerial staff.
Today Makelaars is never liable for indirect damage, consequential damage or business losses.
The liability of Today Makelaars is in any event limited to the purchase or sale commission.
The amount of compensation is limited to the purchase or sale commission.
The Client indemnifies Today Makelaars against claims by third parties arising from the agreement, on whatever grounds.

Today Finance is not liable for the clauses included in sale and purchase brochures, on the website of the buying or selling estate agent and in the purchase agreement. These include, among others, the following clauses:
General age clause
The buyer declares to be aware that the property is more than 30 years old, which means that the requirements that may be imposed on the building quality are considerably lower than for new properties. Unless the seller has guaranteed its
quality, the seller does not vouch for: the roof, the foundations, the structural construction, floors, walls, ceilings, electricity, gas and water installations (including pipes), the sewerage, the possible absence of infestation by woodworm and/or other vermin or fungi, and the possible absence of penetrating and/or rising damp. Structural quality defects are deemed not to impede the residential use described in art. 6.3 of the N.V.M. purchase deed.
Clause concerning information on soil condition
The seller declares that they are not aware of any contamination. Any liability of the seller towards the buyer, however named and under whatever title, for any contamination of the soil and/or groundwater of the immovable property or of the community of which the immovable property forms part, is
excluded. The buyer also indemnifies the seller against all liability, however named and under whatever title, that may arise from the presence of soil and/or groundwater contamination in the immovable property or the community of which the immovable property forms part.
Clause concerning asbestos-containing materials
Asbestos-containing materials may be present in the immovable property or the community of which the immovable property forms part. Should asbestos-containing material be removed, special measures must be taken under environmental legislation. The buyer declares to be aware of this and indemnifies the seller against all liability that may arise from the presence in and/or the removal of any asbestos from the immovable property.
Clause concerning foundations and shell
The seller cannot vouch for the quality of the foundations and the shell. The buyer declares to have had sufficient opportunity to obtain information (from the municipality) about the foundations/shell situation. The buyer indemnifies the seller against all liability with regard to any defects in the foundations or shell and any consequences thereof.
Water management clause:
The buyer declares to be aware of the local problems concerning the groundwater level, possibly arising as a result of changed dune water management. If nuisance is experienced now or in the future from the groundwater level,
the buyer indemnifies the seller against any liability and damage arising from it.
Clause concerning future decisions of the Owners’ Association (VvE)
Any additional contributions that the VvE may decide upon after the conclusion of this purchase agreement but before the date of transfer shall be for the account and risk of the buyer. This arrangement will be mentioned in the deed of transfer, and notice of that mention will be given to the VvE or its administrator/manager.
Clause regarding reserves for major maintenance
The buyer is aware that, in view of the current long-term budget of the VvE, too little may be reserved each month for major maintenance to be carried out in the future. In the coming years, additional
contributions may be levied or the service charges may be increased.
Clause on developments in the residential area
The buyer is aware of the developments in the vicinity of the property purchased. More information can be found at www.amsterdam.nl >> bouwen en wonen (building and housing) >> grote (bouw)projecten (major (building) projects).
Dimensions
The property has been measured in accordance with the industry-wide measurement instruction. The measurement instruction is intended to apply a more uniform method of measurement for giving an indication of the usable floor area. The measurement instruction
does not entirely rule out differences in measurement results, for example due to differences in interpretation, rounding or limitations in carrying out the measurement. The buyer indemnifies the seller as well as (the employees of) Today Finance against all liability in respect of any differences in the dimensions of both the usable floor area and the volume of the property that may be found later.
Non-occupancy clause
The buyer is aware that the seller has never actually used the property sold themselves and that the seller therefore cannot inform the buyer about characteristics or defects of the property sold of which the seller might have been aware had they actually used the property sold themselves. In connection with this, the parties have agreed, in derogation from article 6.3 of this purchase deed and article 7:17 paragraphs 1 and 2 of the Dutch Civil Code, that such characteristics or defects shall be for the account and risk of the buyer and that this has been taken into account in determining the purchase
price. The buyer indemnifies the seller against any claims by third parties.
Environmental clause (soil condition)
Any liability of the seller for soil and/or groundwater contamination is excluded. The buyer shall not hold the seller liable for any form of soil and/or groundwater contamination, except in the
event of culpable, attributable acts, omissions or concealment on the part of the seller.
Clause concerning the Energy Label
A copy of an Energy Label is attached to the purchase agreement. The original will be handed over by the seller to the buyer upon transfer of ownership. From 1 January 2015, the central government will issue a provisional Energy Label for every home in the Netherlands. From that date, the seller is obliged to have this provisional label made definitive before the transfer of ownership. Not having a validated label is for the account and risk of the seller. The costs associated with making the label definitive are for the account of the seller. The buyer and seller indemnify Today Makelaars and its estate agents and/or employees against any liability relating to inaccuracies, as well as against any consequences thereof.
Bidding system
The Amsterdam bidding system is used. The procedure for negotiations on the sale of real estate is as follows: negotiations only exist once the first offer of a prospective buyer is followed by a counter-proposal from the seller. During this phase, no negotiations take place with other interested parties. Viewings do continue. At the viewing it must be stated that negotiations are in progress and that, if interested, a one-off offer can be made. The estate agent may only negotiate with third parties De Cuserstraat 93, 1081 CN Amsterdam, 085 – 760 38 20, www.todaymakelaars.nl, info@todaymakelaars.nl , NL59INGB0006406390, VAT NL001728426B32, Chamber of Commerce 59959738
once the negotiations with the first prospective buyer have come to nothing. A third party may, however, make a one-off, maximum offer.
If this is a better offer than the last proposal of the first prospective buyer, the latter will be given the opportunity to make their best offer. The first bidder is informed that an offer has been received and that they may submit their final offer. The first bidder may also stand by their current offer. The estate agent does not provide third parties with any information about the amounts offered. As long as no agreement has been reached, the parties are not bound to each other. If negotiations are in progress, it must therefore be clear to the third party that they may make a one-off offer and that this is
their only chance.
Requirement of writing
The seller reserves the right to award the property to the interested party of their choice. An oral agreement between a private seller and a private buyer is not legally valid. In other words: there is no sale. A legally valid sale only exists once the private seller and the private buyer have signed the purchase agreement. This follows from article 7:2 of the Dutch Civil Code. Incidentally, a confirmation of the oral agreement by e-mail or a draft purchase agreement that has been sent is not regarded as a “signed purchase agreement”.
Easements and special provisions
Special provisions may be attached to any real estate. These are then imposed on each successive owner. They are usually set out in the title deed. A copy of the title deed or any other relevant documents can be requested through the estate agent. Today Makelaars is never liable for this.
Building survey
To obtain a good picture of the (structural) condition of the property, you as a (prospective) buyer are free to have the property structurally surveyed by a building surveyor.
Both the seller and the buyer indemnify Today Makelaars, as well as the estate agents and/or employees associated with Today Makelaars, against any liability relating to visible and/or hidden defects, both factual and legal, in the real estate sold, as well as any consequences of those defects. If, after completion
of the property, defects as described above come to light, the buyer must contact the seller directly.
Although every effort has been made to compile the available information as accurately as possible, it must be assumed that this information is indicative only. The information (amounts, dimensions, years, descriptions, etc. ) has sometimes been obtained through oral information and has sometimes been recalled from memory. The information included in our brochure/website never constitutes a guarantee! Expressly, no rights can be derived from it.
List of items
The property is sold as seen at the time of the viewing. Today Makelaars is never liable for this.
Award
The seller reserves the right to award the property to the interested party of their choice. Today Makelaars is never liable for this.
Transfer
The property will be transferred free of tenancy, empty and vacated (except for the items included according to the seller’s (attached) list of items). Today Makelaars is never liable for this.
Applying for gas, electricity and water
When applying for gas and electricity, you are free to choose your energy supplier. You must request the application form from the energy supplier of your choice at least 2 weeks before the transfer of ownership. If you do not register as a new customer in time, the network operator has the right to cut off the supply of energy. Today Makelaars is never liable for this.
Financing
From the day of signing the purchase agreement up to and including the day of transfer of ownership, the buyer shall not enter into any financial obligation(s) (loans) other than for the purpose of financing the property, unless such financial obligation(s) do not stand in the way of financing the property. If there are 2 or more buyers, the incomes of all buyers will be included in the financing, unless the buyers expressly stipulated otherwise at the time of the negotiations.
Duty of investigation
Although every effort has been made to compile the available information as accurately as possible, it must be assumed that the above is indicative only. The information (amounts, years, descriptions, etc.) has sometimes been
obtained through oral information and has sometimes been recalled from memory. The seller has been expressly asked to report any defects known to them. The buyer, however, has their own duty to investigate all matters that may be of importance to them and can never invoke ignorance of facts that they could have observed themselves or that were apparent from the public registers. Your estate agent can inform you about this.

15. Force majeure

If the parties are unable to perform the obligations under the Agreement, or to perform them on time or properly, as a result of force majeure within the meaning of art. 6:75 of the Dutch Civil Code, those obligations shall be suspended until the moment at which the parties are
able to perform them in the agreed manner after all.
If this situation arises, the parties have the right to terminate the Agreement in whole or in part with immediate effect in writing, without any entitlement to compensation arising therefrom.

16. Confidentiality

Save for obligations imposed on it by law to disclose certain information, the Contractor is bound to confidentiality towards third parties who are not involved in the performance of the instruction.

17. Copyright protection

All intellectual property rights vested in offers and advisory plans issued by Today Makelaars, as well as in the calculations, descriptions, models and the like produced or provided by it, remain vested in
it, regardless of whether costs have been charged for the work performed by Today Makelaars.
The Client guarantees that the documents drawn up, such as offers and advisory plans, as well as the calculations, descriptions, models and the like produced or provided by Today Makelaars – except for matters in performance of the
agreement – will not be copied, shown to third parties, disclosed or used other than with the written consent of Today Makelaars.
If, after accepting an instruction from the Client, Today Makelaars comes up with a concrete proposal, the rights to implement this proposal remain with Today Makelaars and the Client is not free, without the consent of
Today Makelaars, to implement the concrete proposal itself or to have it implemented by third parties. Failure to comply with the provisions of this paragraph constitutes an infringement of the copyright, or at least of the intellectual/ industrial property right, belonging to Today
Makelaars, as a result of which the Client becomes liable to Today Makelaars for damages. This damage is assessed at 10% of the turnover realised by the third party, with a minimum of € 11.344,-, without prejudice to the right of
Today Makelaars to additional compensation.

18. Electronic communication

During the performance of the instruction, the parties may communicate with each other by electronic means.
The Client and Today Makelaars are not liable to each other for any damage that may arise as a result of the use of electronic means of communication, except insofar as the damage is the result of intent or
gross negligence.
Both the Client and Today Makelaars shall do or refrain from doing everything that may reasonably be expected of each of them to prevent these risks.

19. Applicable law and competent court

All relationships between Today Makelaars and the Client shall be governed exclusively by Dutch law.
All disputes relating to any agreement and/or concerning the interpretation of these general terms and conditions shall be submitted exclusively to a competent court in the Netherlands.

20. Quotations from Providers, advice and work

Offers or quotations from Providers presented by Today Makelaars to the Client are non-binding, unless expressly stated otherwise therein. All offers or quotations presented to the Client are presented subject to acceptance by the Provider. The Client cannot derive any rights from budget calculations, analyses, forecasts and other calculations made by Today Makelaars, whether or not related to the costs of a financial product and its possible effect on the Client’s monthly expenses. These calculations must be regarded as provisional and indicative and may be subject to interim changes in interest rates and premiums. Only once a Provider has issued a definitive quotation that has been accepted by the Client and the acceptance has been definitively confirmed by the Provider, or the deed has been executed, can Today Makelaars provide a definitive calculation of the monthly expenses.

21. Deviating provisions

Provisions deviating from these general terms and conditions can only be agreed in writing.