Selling a house

What can I expect from my estate agent and what is the role of the estate agent?

You can read all about the role of the estate agent at www.nvm.nl/wonen. In the general consumer conditions you can read what the mutual rights and obligations are. An NVM estate agent may not act as both buying and selling agent for the same property at the same time. The selling agent only represents the seller's interests. A buying agent represents the interests of the buyer.

If photos were taken of my house for sale, then those photos are my property, right?

This is not automatically the case. If your estate agent or a photographer hired by him has taken photos for you, these are automatically copyrighted. So before you could use the photos, you need the estate agent's permission. Even if you paid a fee for these photos when the assignment was withdrawn.

Can two employees of one estate agency do the guidance for two potential buyers for the same property?

In cases where providing a service to one client conflicts with the interest of another client, an NVM member only acts in the interest of one of those clients.

The previous does not alter the fact that two NVM Real Estate Agents/Appraisers who work for different branches of a member may act for clients with conflicting interests, provided they have obtained prior permission from the clients and the interests of those clients are not harmed.

Explanation: The concept of 'conflict of interests', linked to the service in question, is essential here. If there is no conflict of interest, the NVM member may act for two or more clients, e.g. heirs who want to sell a home. The combination of, for example, a purchase order with a sales order or a rental order with a renting out order for the same object is not permitted.Nor may the NVM member combine two or more purchase orders (or rental orders) for the same property. After all, as soon as he purchases for the benefit of purchasing client A, he frustrates purchasing client B, who is interested in the same property. Usually A and B are not aware of such a situation. However, B should be informed in a timely manner about the choice for another (A). The more legal term client was chosen, not the more commercial term (potential) customer, because the latter can cause ambiguity. Example: a selling agent has the seller as a customer, but the buyer is also a (potential) customer, especially with regard to the buyer's mortgage or owner-occupied home. In such a situation, the NVM member should represent the interests of the seller, his client.

Cancellation of the service contract and what does that cost?
If you are not satisfied with the service provided by your estate agent, we advise you to discuss this with your agent. After all, you are his client. If you remain dissatisfied, you can withdraw the order in writing. You then pay withdrawal costs, the amount of which is stated in the service contract.

Notification obligation vs. Duty to investigate

The seller has an obligation to report to the buyer all defects that he is aware of and that are important for the purchase of the home. This is done by means of a (standard) questionnaire. The selling agent relies on what the seller tells him, because the agent has not lived in the home. Unless the selling agent has doubts about the information provided, he must investigate it.

The buyer has an obligation to investigate the structural condition of the house and to recognize any defects in the home. The estate agent can play a role here, in some cases the estate agent can also advise to have a structural inspection carried out.

Where can I find the General Terms and Conditions?

he NVM has the NVM General Consumer Terms and Conditions and the NVM General Terms and Conditions for professional clients. The most recent conditions can be found on nvm.nl or available via Ameo. The NVM General Consumer Terms and Conditions have been drawn up in consultation with the Consumers' Association and the Home Ownership Association.