You must declare that your agency has an internal claims procedure and that the seller can complain to REA without first using your internal claim procedure. An agency contract is a legal contract that creates a trust relationship, with the first party (“the donor”) agreeing that the actions of a second party (“the agent”) bind the client to subsequent agreements of the agent, as if the client had himself entered into the subsequent agreements. The agent`s power to retain the client is generally referred to as an authority in law. The agency created through an agreement may be a form of tacit authority, z.B. If a person gives his credit card to a close relative, the cardholder may be required to pay for purchases made by the parent with his credit card. Agency agreements can be entered into if you ask a seller, accountant, lawyer or other third party to make transactions on your behalf. Agency agreements are often used in the following situations: The agency agreement between the two parties should include the following: the client`s right to compensation expires as soon as the sales agent has not informed the client that he is seeking such compensation within one year of the end of the agency contract. With the exception of the above case, the goodwill tax cannot be waived, since the provision is mandatory under section 7:442 of the Dutch Civil Code. The amount of customer charges depends on a number of circumstances.
First of all, it is important that customer costs are never higher than one year`s pay. The above remuneration is calculated by calculating the average of earnings over the previous five years. If the agency contract lasted less than five years, the average of the last few years is taken. The fact that the remuneration is never higher than that of one year does not mean that the remuneration always corresponds to that average remuneration. In its November 2012 ruling, the Supreme Court ruled that compensation should be calculated using a three-tiered missile. First, it is necessary to determine the benefits of dealing with clients that the agent has brought. The next question is whether there is a reason to adjust the amount determined on the basis of Stage 1 in terms of fairness, all the circumstances of the case and the commission missed by the agent. Equity can involve either an increase or a reduction in the amount determined in the first stage. Finally, it is verified that the amount calculated does not exceed the maximum amount (the average fee over one year). What happens when an agency agreement is terminated depends on what the agreement says. If your agency uses standard clauses, you can read the standard clauses for housing agency and campaign agency contracts on our website here. An important feature of agency contracts is also the right to a customer tax (in practice called “goodwill fees”) that the sales agent may have at the end of the agency contract.
In accordance with section 7:442 of Book 7 of the Dutch Civil Code, a sales agent is entitled to a customer fee at the end of the agency contract if the agency contract is terminated: be careful not to undermine their relationship with the current advertisements – do not make negative comments about how the property was listed or on the stockbroker. If the customer has signed the agreement after an unsolicited approach on your part, he can terminate the contract within 5 business days from the receipt of a copy of the contract.