Terms and conditions of sale
These terms and conditions of sale apply to the services of DOEN Makelaars en Taxateurs BV DEN HAAG, VOORBURG and LEIDEN, acting generally under the name DOEN NVM Makelaars.
All our activities are carried out in accordance with the applicable NVM conditions and the applicable laws and regulations.
Purchaser's duty of enquiry +
The sales information is exclusively intended to enable a (prospective) buyer to make an offer and explicitly does not include an exhaustive list of all details and possible defects of the property. The information stated has been obtained from the owner/seller and from a visual recording of the property. Pursuant to the Civil Code, the purchaser of a property is subject to a duty of investigation. This means that the buyer himself is responsible for assessing whether the property will possess the features necessary for the use he intends to make of the property. It is therefore advisable for the purchaser to call in a (construction) expert himself.
If the purchaser decides not to engage an expert, any adverse consequences will be entirely at his expense.
The stated areas of use are based on the sector-wide Measuring Instructions for residential buildings. The Measurement Instruction is intended to apply a uniform method of measurement for giving an indication of the dimensions. The Measurement Instruction does not completely exclude differences in measurement results, for example due to differences in interpretation, rounding off, measurement errors or limitations when carrying out the measurement. Despite the fact that the necessary care was taken when measuring, the indicated dimension is indicative and no rights can be derived from it. The Seller has not based its asking price on the indicative dimensions of the property. The seller and DOEN NVM Makelaars accept no liability in this respect. The Buyer shall be obliged to determine the usable dimensions independently.
Notice of sale
Any information provided should be seen as an invitation to enter into negotiations. Therefore, a bid equal to the asking price does not directly lead to a contract of sale.
The bidding process in real estate negotiations has various peculiarities which the buyer is best advised to discuss in advance with a (purchase) broker to be engaged by him/herself.
The stipulation concerning written agreement
If the buyer is a consumer, a purchase agreement relating to the home will only be concluded once the written purchase agreement has been signed by both parties. In that case, agreement reached verbally or by e-mail on the purchase price and the other essential items is not sufficient for the conclusion of the contract. Until the written purchase agreement has been signed by both seller and buyer, both parties are entitled to terminate the negotiations or to accept another proposal. The buyer is aware that the property will be sold 'costs for buyer' (k.k.). This means that the buyer pays the costs of the transfer of ownership, such as transfer tax and notary fees. It is possible for the buyer to include a resolutive condition for financing in the purchase agreement. The term to arrange financing is usually 6 weeks and, unless otherwise agreed, commences on receipt by the Buyer of the purchase agreement signed by the Seller and the Buyer.
Three days "cooling-off" period
The consumer purchaser has a reflection period of three days. This period commences at 0.00 hours on the day following receipt by the buyer of the purchase agreement signed by both parties. The declaration of dissolution must be received by the seller within three days, i.e. before 24.00 hours on the last day. The General Terms and Conditions Act shall apply to these three days. This means that at least two of the three days may not be Saturdays, Sundays or public holidays. Moreover, if the cooling-off period ends on a Saturday, Sunday or public holiday, the period is extended to the next working day. If a buyer has made use of the cooling-off period and he buys the same house from the same seller within six months, the buyer is not entitled to another three days.
The most recent model of a NVM sales contract and its provisions will be used when drawing up the sales contract. When making a bid and concluding the sales agreement, one should be familiar with these terms and conditions of sale and accept them. The deposit (or bank guarantee) to be provided by the buyer is usually 10% of the purchase price and is paid to the notary. Any requirements to be made by the buyer (such as obtaining a mortgage, National Mortgage Guarantee and/or construction inspection) will only be mentioned if these have been agreed in the negotiations. Insofar as additional clauses are mentioned in the sales information, these will be included in the purchase agreement. Because asbestos-containing materials may have been used in real estate built or renovated before 1995, we will always include an asbestos clause in the sales contract for these real estate properties. If the property was built more than 20 years ago, we will also always include an old age clause in the purchase contract.
Resale (ABC transaction)
Because transparency and the interests of our clients are at the top of our service, we will not cooperate in so-called ABC transactions (AB-BC sales). Therefore, the buyer is not allowed to resell a house bought by him on the same day via the notary (or a third party) where the transfer must take place. DOEN NVM Makelaars will refrain from any cooperation. In concrete terms this means that in all cases the property must be purchased independently by the buyer with whom the purchase agreement has been entered into. In addition, within the framework of our client survey, we will not cooperate with a transaction in which the buyer has the wish to appoint a "further to be called owner" as buyer. This clause allows the buyer to nominate another person as the ultimate buyer. This makes it impossible for us to assess the buyer in advance (Wwft client survey) but on the basis of this clause we can hardly, if at all, refuse this buyer.
The buyer is sufficiently aware that the consequences of acting contrary to the above will be charged entirely to the buyer. On the day of the planned transfer we will immediately issue a notice of default in the event of a breach of the above. Any further consequences will be entirely at the buyer's expense and risk. The buyer indemnifies DOEN NVM Makelaars and the seller(s) against any liability.
Special provisions may be attached to any property. These are imposed by law on each successive owner. They usually appear in the title deed, but may also be time-barred. A copy of the title deed can be requested via our office or the estate agent handling the property.
When buying an apartment, the purchaser automatically becomes a member of the Owners' Association and all rights, obligations and agreements will pass to the purchaser. The purchase price agreed with the seller includes the seller's share in the reserve fund of the Owners' Association. No transfer tax is due on the share in the reserve fund. The documents relating to the VVE (including the deed of demerger, demerger regulations, minutes, balance sheet, operating account, maintenance plan) provide insight into this.
If no notary has been appointed by the Seller, the Buyer shall be free to choose at the Buyer's expense. However, the chosen notary must keep an office within a reasonable distance (10 km) from the property. And the costs of cancelling a mortgage (costs for the seller) must be reasonable (less than € 300,- incl. VAT per cancellation).
The parties are aware that at the time of the construction of the real estate it was normal practice to use materials which, from an environmental point of view, are no longer (or should no longer be) used, such as materials containing asbestos and lead. To the extent that these and/or similar materials are (or will be) (still) present in the described real estate, this will be accepted by the buyer.
The purchaser is aware that the property is more than 40 years old, which means that the requirements that may be imposed on the building quality are considerably lower than for new homes. Contrary to article 6.3 of this deed of purchase and article 7:17 paragraphs 1 and 2 of the Dutch Civil Code, the total or partial absence of one or more features of the property for normal and special use and any other failure to meet the contract shall be at the expense and risk of the buyer.
Privacy statement and liability
DOEN NVM Makelaars processes personal data when carrying out its activities in the manner and for the purposes described in its Privacy Statement. The sales information has been compiled with care. However, we cannot accept any liability for its accuracy and no rights can be derived from this with regard to the seller and/or DOEN NVM Makelaars. By making an offer for the house offered in the sales information, the (prospective) buyer explicitly accepts the limitations of liability included in the sales information. In the event of liability on the part of DOEN NVM Makelaars, such liability shall at all times be limited to the amount covered by the professional liability insurance in the case in question.