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Listing Agreement Template for Netherlands

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Key Requirements PROMPT example:

Listing Agreement

"I need a Listing Agreement for my Amsterdam residential property, with exclusive rights to the agent for 6 months starting March 1, 2025, including specific provisions for international marketing and virtual viewings."

Document background
The Listing Agreement (Makelaarsovereenkomst) is a crucial document in Dutch real estate transactions that formalizes the relationship between property owners and real estate agents. It is typically used when an owner wants to sell their property through a professional agent and needs to establish clear terms of engagement. The agreement must comply with Dutch law, including the Civil Code, Real Estate Agent and Valuer Act, and GDPR requirements. It covers essential elements such as exclusivity rights, commission structures, marketing strategies, and service scope. The document is particularly important in the Netherlands due to the regulated nature of real estate transactions and the specific requirements for professional real estate agents. It serves as both a legal protection and a practical roadmap for the property sale process, ensuring transparency and clear expectations for all parties involved.
Suggested Sections

1. Parties: Identification of the real estate agent/agency and the property owner(s), including full legal names, addresses, and registration numbers where applicable

2. Background: Brief context explaining the owner's intention to sell the property and engage the agent's services

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Asking Price', 'Commission', etc.

4. Appointment and Scope: Clear statement of the agent's appointment and whether it's an exclusive or non-exclusive listing

5. Property Details: Complete description of the property being listed, including address, registration details, and any included/excluded items

6. Agent's Services and Obligations: Detailed description of services to be provided by the agent, including marketing activities, showings, and negotiation responsibilities

7. Owner's Obligations: Property owner's responsibilities, including providing accurate information, maintaining the property, and enabling viewings

8. Listing Price and Commission: Agreed listing price, commission structure, and payment terms

9. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

10. Privacy and Data Protection: GDPR compliance provisions regarding the handling of personal data

11. Liability and Insurance: Extent of agent's liability and required insurance coverage

12. Governing Law and Jurisdiction: Specification of Dutch law as governing law and competent courts

13. Signatures: Execution block for all parties to sign and date the agreement

Optional Sections

1. Professional Association Rules: Include when the agent is a member of NVM or other professional associations, outlining additional applicable rules

2. Additional Services: Include when the agent offers extra services beyond standard listing services, such as professional photography or virtual tours

3. International Marketing: Include when the property will be marketed internationally, specifying additional marketing channels and requirements

4. Property Management: Include when the agent will provide property management services during the listing period

5. Post-Sale Services: Include when the agent will provide assistance after sale agreement but before completion

6. Dual Agency Provisions: Include when the agent may potentially represent both seller and buyer

7. Force Majeure: Include specific provisions for extraordinary circumstances affecting the listing

Suggested Schedules

1. Property Specification Sheet: Detailed description of the property including measurements, features, and condition

2. Marketing Plan: Detailed marketing strategy and activities to be undertaken

3. Commission Schedule: Detailed breakdown of commission structures, including any sliding scales or special circumstances

4. Property Photographs: Current photographs of the property approved for marketing use

5. Required Property Documents: List of required documents such as energy label, building inspection reports, etc.

6. Service Level Agreement: Detailed breakdown of services and response times

7. Privacy Notice: Detailed GDPR-compliant privacy notice explaining data handling practices

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































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Relevant Industries

Real Estate

Property Development

Property Management

Professional Services

Legal Services

Construction

Commercial Property

Residential Property

Luxury Real Estate

Real Estate Investment

Relevant Teams

Legal

Compliance

Real Estate

Sales

Marketing

Operations

Risk Management

Business Development

Property Management

Contract Administration

Relevant Roles

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Real Estate Broker

Sales Director

Business Development Manager

Contract Manager

Property Developer

Real Estate Investment Manager

Marketing Manager

Operations Manager

Risk Manager

Transaction Manager

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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