Part 1: General

Article 1: Scope

These general terms and conditions apply to the establishment and implementation of an agreement for services concluded between a Client and a Broker with regard to immovable property located on Bonaire.

Article 2: Definitions and terms

In these general terms and conditions, the following definitions apply:

a) Client: a natural person, or a natural person authorized to sign, acting in the exercise of a profession or business;

b) Broker: a Broker associated with The Real Estate Guy bonaire;

c) Assignment: the agreement for the provision of services. Services are understood to mean: the mediation with regard to the purchase, sale, rental or rental of immovable property (Article 11 et seq.);

d) Immovable property: Immovable property also includes limited rights to immovable property such as ground lease and superficies;

e) Fee: the price for the services provided by the Estate Agent, including the commission stated under f;

f) Commission: the fee owed in respect of mediation with regard to the purchase, sale, rental or lease of immovable property;

g) Dwelling: an immovable property intended for habitation.

Article 3: General and personal offer

1. The Estate Agent’s general offer to the Client contains a clear description of the services that the Client in question may expect. The general offer also contains the fee for the service and the other conditions under which the service is provided.

2. After the Client has taken cognizance of the general offer, the Estate Agent offers the Client the opportunity to enter into negotiations with him in order to come to a personal offer.

3. The Estate Agent ensures that the final personal offer is recorded in writing or electronically in an order form, which refers to the applicability of these general terms and conditions.

Article 4: Conclusion of the assignment

The assignment is established by acceptance of the general or personal offer by the Client.

Article 5: Duration of the assignment

Unless otherwise agreed between the parties, the assignment is for an indefinite period.

Article 6: End of the assignment

1. The assignment ends by:

a) fulfillment of the assignment by the Estate Agent, unless there is a contract that by its nature has a continuous character (Article 18);

b) withdrawal of the order by the Client;

c) refund of the assignment by the Estate Agent;

d) dissolution by either party; e) death of the Client.

2. The Estate Agent has fulfilled its assignment as soon as the agreed performance has been delivered or – in the event of mediation by the Estate Agent – ​​the intended agreement between the relevant parties has been concluded as a result of the services it provides. The purchase of a home by a Client only constitutes an agreement if the purchase has been recorded in a purchase agreement signed by both parties. Fulfillment does not affect its obligation arising from that order to assist the Client in the settlement. In the case of agreements whose final conclusion or obligation to perform, pursuant to a clause belonging to the agreement, depends on a suspensive or resolutive condition, the fulfillment of the assignment also depends on this.

3. An order can be withdrawn at any time, subject to a notice period of at least 3 months. The Client is never liable for compensation in the event of a withdrawal.

In this regard, the Estate Agent is entitled to reimbursement of costs already incurred as referred to in Article 17 and, if and insofar as agreed upon when the assignment was given, to a percentage of the wages. Withdrawal of an order should preferably be made in writing or electronically.

4. The Estate Agent may return the assignment for serious reasons. In any case, the following is considered an important reason: the situation described in Article 12 paragraph 1 or a serious disruption of the relationship between the Estate Agent and the Client. The refund by the Estate Agent must be made in writing or electronically.

5. An order can be dissolved if the other party is in breach of its obligations. The declaration of dissolution should preferably be made in writing or electronically.

6. The date for termination of the assignment is the date on which the Estate Agent or the Client respectively receives the (written or electronic) notification regarding the withdrawal, refund, dissolution or death or the later date stated in that notification. Article 7: General Expenditure Tax (ABB), due and payable

1. Unless expressly agreed otherwise, the agreed fee and additional costs include the statutory General Expenditure Tax (ABB).

2. Unless otherwise agreed, all claims for fees, commission or costs due are immediately due and payable as soon as the purchase or rental agreement has been concluded or the assignment has been carried out, or it ends for other reasons. All this without prejudice to the provisions of Article 14 paragraph 2.

Article 8: General obligations of the Broker

1. The Estate Agent carries out the assignment accepted by him to the best of his knowledge and ability and with due observance of the interests of the Client. Unless otherwise agreed, the Estate Agent may have the work necessary for the execution of the assignment performed by others, under its responsibility.

2. The Estate Agent will keep the Client regularly informed of the progress.

Article 9: General obligations of the Client

1. The Client provides the Estate Agent to the best of its knowledge and ability with the information that the Estate Agent needs for the execution of the assignment.

2. The Client is not permitted to engage in activities outside the Estate Agent that could hinder the Estate Agent in fulfilling its assignment or interfere with its activities.

Article 10: Payment

1. The Client pays the Estate Agent for the services in accordance with the agreements made.

2. The Estate Agent sends the Client a properly itemized invoice stating a reasonable payment term.

3. If the Client does not pay within the term stated in the invoice, the Estate Agent will send him a payment reminder in which the Client is given the opportunity to pay within 2 weeks after receipt of the reminder.

4. If the Client also fails to comply with the payment reminder referred to in paragraph 3, he is in default and the Estate Agent is entitled to add the statutory interest.

5. After expiry of the period of two weeks referred to in paragraph 3, the Estate Agent is authorized to proceed to collect the amount owed to him without further notice of default. The (extra)judicial costs reasonably associated with this are for the account of the Client, unless the court decides otherwise.

6. In the event that an assignment is given by more than one person, each of them is jointly and severally liable for paying all that is owed for whatever reason.

Part 2. Mediation Article 11:

Assignment for mediation, partial services

The core of an assignment for mediation concerns giving advice about and conducting negotiations. The assignment for mediation can be extended with, among other things, the following services:

– discussion of and advice on the options for reaching the intended agreement;

– care and supervision of viewings; – assessment of the value of the immovable property concerned;

– paying attention to legal, fiscal, architectural and other important aspects;

– assistance with the settlement.

Instead of an assignment for mediation, an assignment can also be issued separately. Partial services to be provided to the Client may also include:

– drawing up a purchase agreement without mediation;

– drawing up a rental agreement without mediation;

– entering data about immovable property into electronic systems, including those via the Internet; – preparing and placing advertisements;

– ‘investigating’ immovable property;

– conducting a search for immovable property; These terms and conditions apply to partial services insofar as the nature of those provisions does not preclude this.

Article 12: Obligations of the Broker

1. The Estate Agent is not permitted to accept more than one brokerage assignment with regard to one and the same immovable property. If he has previously received an intermediary assignment regarding a specific immovable property, he can only accept a new assignment after the first assignment has demonstrably been terminated. If services must be provided by the Estate Agent on the basis of two or more current intermediation assignments with regard to the same immovable property, while the provision of the service to one client is contrary to the interests of the other client, the Estate Agent must notify this in writing or electronically to its clients. In that case, the Estate Agent is obliged to consult with its clients, at the latest when the stage of negotiations between the two principals is reached. This consultation must lead to one of the assignments being suspended or terminated. The Estate Agent is therefore not permitted to provide services to more than one client regarding the same immovable property if the provision of the service to one client is in conflict with the interests of the other client, regardless of the wishes of the parties involved.

2. The Client whose brokerage assignment is terminated on the basis of the previous paragraph does not owe the Estate Agent any compensation, by whatever name, with the exception of any costs as referred to in Article 17 that the Estate Agent has already incurred on behalf of the Client. 

3. The Estate Agent is not entitled to conclude agreements on behalf of the Client, unless the latter has granted a written or electronic power of attorney for this purpose.

4. When executing the assignment, the Broker complies with the Personal Data Protection Act (WBP) and the BES Prevention of Money Laundering and Terrorist Financing Act (WWFT-BES).

Article 13: Obligations of the Client

1. Unless otherwise agreed, the Client is not permitted outside the Estate Agent to conclude agreements, conduct negotiations, use similar services from others and/or develop activities that the Estate Agent in fulfilling his/her duties. interfering with or interfering with its activities.

2. The Client cooperates in the fulfillment by the Estate Agent of the obligations (for example the identification of the client) which he has in the context of the WWFT BES.

Article 14: Brokerage

1. The Client owes the Estate Agent a commission if an agreement is concluded with regard to immovable property during the term of the mediation assignment. This also applies if the agreement is not the result of services provided by the Estate Agent, unless it concerns an assignment from a client-buyer or tenant and who buys or rents it outside the area to which the assignment relates. The conclusion of an agreement also includes cooperation by the client in an act as a result of which the immovable property is wholly or partly sold, rented out or allocated to the client and/or a third party and in connection therewith no further progress.

2. Unless otherwise agreed, brokerage with regard to mediation in the purchase or sale of immovable property is only due and payable at the time of the legal transfer of the immovable property to the civil-law notary, without the Client being informed about the period between the commission being owed and the due date interest thereof is owed to the Estate Agent. If it is established that a concluded agreement does not lead to a legal transfer of immovable property to the civil-law notary and the Estate Agent is entitled to commission, the commission is payable from that moment on.

3. After termination of the brokerage assignment as referred to in Article 6 paragraph 1 sub b to e, the Client does not owe a commission if an agreement is concluded with regard to immovable property, unless:

– the Client has acted contrary to the provisions of Article 13;

– the Estate Agent provides sufficient evidence that the conclusion of the agreement with regard to the immovable property is the result of the Estate Agent’s services to the Client during the term of the assignment.

4. In the case of agreements, the final conclusion of which or the obligation to perform, by virtue of a stipulation forming part of the agreement, is dependent on a suspensive or resolutive condition, the right to brokerage also depends on it, unless one of the parties or both do not apply the relevant condition in accordance with the purport.

5. When a brokerage obligation arises in accordance with the provisions of paragraph 3 of this article, the Broker is entitled to a portion of the brokerage to be reasonably determined, such with a minimum of 50% of the brokerage to which the Broker would be entitled to under the service contract. In determining this, account is taken of activities already performed by the Estate Agent, the advantage that the Client has of this and the ground on which the agreement was

6. If a concluded agreement is not executed, the Estate Agent retains the right to full commission, unless the Client can demonstrate that the non-performance is the result of an attributable failure (default) on the part of the Estate Agent.

Article 15: Calculating brokerage purchase and sale

1. The commission is calculated on the basis of what the parties have agreed on. Insofar as the parties have not agreed on a basis for the calculation of the commission, the following paragraphs of this article apply.

2. The brokerage is calculated on the purchase price of the immovable property

3. The purchase price is understood to mean the amount that the buyer owes to the seller, excluding the costs and rights that fall on the transfer, such as transfer tax, notarial costs and land registry duties.

4. If ABB is owed on the purchase price, or if this is included in the purchase price, the commission will also be calculated on the amount including the aforementioned tax, unless the buyer is entitled to deduct the ABB.

5. In the case of immovable property under construction or to be built, the commission is calculated on the purchase and contract price together, or on the expected construction sum or foundation costs, including the ABB, as apparent from the agreement, unless the buyer is entitled to to deduct ABB.

6. When buying and selling a right of leasehold or a building on leasehold land, the commission is calculated on the amount that the buyer and seller agree as such, increased by an amount equal to ten times the periodic compensation on an annual basis.

7. When buying and selling an apartment right, the brokerage is calculated on the purchase price 8. When buying and selling a membership right of a cooperative association for the exploitation of immovable property or shares in undivided properties, the commission is calculated on the purchase price of the relevant membership right or share, without deduction of the share in any mortgage loan.

9. For the commission calculation, the following are equivalent to purchase and sale agreements:

– barter purchase;

– rent buy;

– purchase and sale by installment;

– purchase and sale that does not necessarily include an obligation to deliver (transfer of beneficial ownership);

– establishing the right of leasehold or superficies.

10. If movable property in a material sense and/or property rights (e.g. goodwill) are bought or sold, and/or compensation, registrations, contributions and similar claims are also mutually agreed between the parties, the brokerage will also be charged over the purchase price of these goods and these rights.

Article 16: Calculating brokerage rent and rental

1. The commission is calculated on the basis of what the parties have agreed on. Insofar as the parties have not agreed on a basis for the calculation of the commission, the following paragraphs of this article apply.

2. In the case of rental and rental agreements relating to immovable property, the commission is calculated on the rent, with due observance of the other provisions stated below.

3. The rent is understood to mean the amount that the lessee and lessor agree as compensation for the sole enjoyment of the immovable property for the first rental year.

4. The commission is calculated on the rent + ABB, if applicable, unless the tenant is entitled to deduct the ABB.

5. If under the agreement a different amount will be owed in rent in any subsequent year than in the first rental year and this amount is already known at the time of the conclusion of the agreement, while this apparently has a different meaning from the keeping the rent with the value development of the US dollar, for the calculation of the brokerage in taking into account the total of those amounts, divided by the number of years to which they relate.

6. Part of a rental year is counted as a whole rental year.

7. Equal to rental and rental agreements are for the commission calculation:

– lease agreements;

– rental

-exchange agreements;

– commissioning agreements;

– agreements concerning a right in rem of use and habitation;

– other similar agreements, such as financial or operating leases.

8. If movable property in a material sense and/or property rights (for example goodwill) is also rented or let, the rent shall also include the agreed rent for these goods. If the goods are also bought or sold, and/or if compensation, registrations, contributions and similar claims are also agreed between the parties, the brokerage fee will also be charged on the purchase price of these goods and these rights.

Article 17: Costs

1. Unless otherwise agreed, the Client will reimburse the costs incurred by the Estate Agent on behalf of the Client in the event of an intermediation assignment. With regard to incurring these costs and their scope, the Estate Agent must consult with the Client in advance and record agreements in this regard in writing or electronically. This also applies if the assignment is suspended or terminated by withdrawal or otherwise.

2. The Client is never liable for compensation with regard to a withdrawal. In this regard, the Estate Agent is entitled to reimbursement of costs already incurred as referred to in the previous paragraph and, if and insofar as agreed upon when the assignment was given, to a percentage of the wages.

Part 3: Property management

Article 18: Property management (management)

1. Real estate management means providing services to the Client with regard to one or more real estate, which benefit the maintenance and operation and contribute to an optimal return on the invested financial resources. The Client who commissions real estate management can be the owner or the person who owns or otherwise controls the real estate.

2. The services to be provided may be of a commercial, technical or administrative nature. The following services can, among other things, belong to the service package of a real estate manager: – taking care of the rental collection; – involvement in additional supplies and services (administrative processing, settlement with tenants, control of the quality of supplies and services);

– taking care of the payment of costs and charges;

– work in connection with periodic rent changes;

– taking care of maintenance (handling, assessing and having complaints resolved, periodic inspection, multi-year planning, checking and payment of bills);

– taking care of the re-letting of vacant areas and other activities related to rental changes;

– provision of advice.

3. Withdrawal of a real estate management assignment should preferably be done in writing or electronically. In case of withdrawal, a notice period of at least 3 months must be observed;

Part 4: Deviation

Article 19: Deviation

Individual deviations must be recorded in writing or electronically between the Estate Agent and the Client.