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Commercial Real Estate Broker Agreement for the Netherlands

Commercial Real Estate Broker Agreement Template for Netherlands

A comprehensive agreement governed by Dutch law that establishes the professional relationship between a commercial real estate broker and their client. The document outlines the scope of brokerage services, commission structure, and respective obligations of the parties in accordance with the Dutch Civil Code (Burgerlijk Wetboek) and relevant real estate regulations. It includes specific provisions for property marketing, transaction facilitation, confidentiality requirements, and compliance with Dutch real estate practice standards. The agreement incorporates necessary elements for GDPR compliance and anti-money laundering requirements specific to the Netherlands.

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What is a Commercial Real Estate Broker Agreement?

The Commercial Real Estate Broker Agreement is essential for formalizing the relationship between professional real estate brokers and their clients in the Netherlands. This document is typically used when engaging a broker to market, sell, lease, or acquire commercial properties, ensuring compliance with Dutch regulatory requirements and market practices. It comprehensively addresses commission structures, service scope, and obligations while incorporating specific Dutch legal requirements such as those from the Wet op de makelaardij and relevant provisions of the Burgerlijk Wetboek. The agreement is particularly important for high-value commercial transactions where clear terms, professional obligations, and risk allocation need to be precisely defined. It includes provisions for broker qualifications, professional standards, and specific Dutch market practices in commercial real estate.

What sections should be included in a Commercial Real Estate Broker Agreement?

1. Parties: Identification of the broker and the client, including registration numbers, addresses, and authorized representatives

2. Background: Context of the agreement, including client's intention to sell/lease property and broker's qualifications

3. Definitions: Key terms used throughout the agreement including Property, Services, Commission, etc.

4. Appointment and Scope of Services: Formal appointment of broker and detailed description of services to be provided

5. Broker's Obligations: Detailed responsibilities including marketing, viewings, negotiations, and reporting requirements

6. Client's Obligations: Client's responsibilities including providing information, access to property, and cooperation

7. Commission Structure: Detailed breakdown of fees, commission rates, and payment terms

8. Term and Termination: Duration of agreement, renewal terms, and termination conditions

9. Confidentiality: Obligations regarding confidential information and property details

10. Liability and Insurance: Limitation of liability, professional indemnity insurance, and risk allocation

11. Data Protection: GDPR compliance and data handling procedures

12. Governing Law and Jurisdiction: Specification of Dutch law application and dispute resolution procedures

What sections are optional to include in a Commercial Real Estate Broker Agreement?

1. Exclusivity: Terms for exclusive rights to represent the property, used when broker has sole mandate

2. Sub-Agents: Provisions for engaging other brokers or agents, used in complex transactions

3. Success Fee: Additional performance-based compensation structure, used in high-value transactions

4. Marketing Budget: Specific provisions for marketing expenses and approvals, used when significant marketing is required

5. Multiple Properties: Framework for handling multiple properties, used when client has portfolio

6. International Services: Additional terms for cross-border services, used when targeting international clients

7. Property Management: Additional services for property management if offered alongside brokerage

8. Conflict Resolution: Specific mediation or arbitration procedures, used in high-value agreements

What schedules should be included in a Commercial Real Estate Broker Agreement?

1. Schedule 1 - Property Details: Detailed description of property/properties covered by the agreement

2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards

3. Schedule 3 - Commission Calculation: Detailed breakdown of commission rates and calculation methods

4. Schedule 4 - Marketing Plan: Proposed marketing strategy and activities

5. Schedule 5 - Required Documentation: List of documents required from client for due diligence

6. Appendix A - Professional Certifications: Copies of broker's relevant licenses and certifications

7. Appendix B - Insurance Certificates: Proof of professional indemnity insurance

8. Appendix C - Standard Terms and Conditions: General terms and conditions of the brokerage firm

Authors

Alex Denne

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions








































Clauses









































Relevant Industries

Real Estate

Commercial Property

Retail

Office Space

Industrial & Logistics

Hospitality & Leisure

Healthcare

Mixed-use Development

Data Centers

Warehousing

Financial Services

Relevant Teams

Real Estate

Legal

Facilities Management

Finance

Operations

Procurement

Property Management

Asset Management

Investment

Risk & Compliance

Corporate Services

Business Development

Relevant Roles

Real Estate Director

Property Manager

Facilities Manager

Chief Financial Officer

Commercial Director

Head of Real Estate

Investment Manager

Asset Manager

Corporate Real Estate Manager

Development Director

Legal Counsel

Procurement Manager

Operations Director

Portfolio 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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