Finer Options for the Home Buying

Finer Options for the Home Buying

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What if you work with a real estate agent who never finds a house for you? Whether steps are being taken to sell your house? You pay a broker, but expect effort and a good result in return. So you sign a service contract to ensure that the broker actually goes to work. I explain to you how such a thing works.

What is a service contract?

You have found a broker and you want him or her to get started! To ensure this, the broker lets you sign a service contract (OTD). This document contains all the agreements you make with the broker. These agreements include, for example, the price of the work that the broker does and the conditions under which this is done. A visit to makes things easy for you.

What else is in it?

The structure of the document is free. So you can pass on your wishes and needs to the broker and take them with you in an OTD. The broker probably already has a standard set-up with agreements and makes the commission for services. By signing this document you instruct the broker to get to work.

An effort obligation is

A long word with a short explanation

The best efforts obligation is actually the basis of the service contract. This is the obligation that the broker enters into when signing the service contract. This is the obligation to do its job as well as possible and to keep the agreements. In addition to the best efforts obligation, the OTD also states the conditions under which this happens. So you pay the broker for the effort he makes. Hence is here an effort obligation.

Effort does not always mean results

This does not mean that results must be achieved, just like the entire OTD. Because: you pay the broker to do his job, but you don’t pay him (yet) for the end result. Unless otherwise agreed in the terms and conditions of the OTD. Because that effort is difficult to measure, you must make clear agreements on this and record it. Think of agreements about the amounts and the type of work that the broker will do. This may mean that you agree that the broker will actively look for a home and can prove it.

Can you cancel a service contract?

That is always possible. You do not have to deal with a cancellation period and even a ‘real’ reason is not necessary. Note the agreements you have made when it comes to canceling the agreement. It is possible that the broker has stated in the general terms and conditions that you must pay withdrawal costs. If the broker has already incurred costs, you must also pay them. The conditions attached to the cancellation of the agreement may differ per broker. Do you expect in advance that cooperation may not take place? Then you can also negotiate the conditions. You may manage to have (almost) no costs if you cancel the contract.

Dissolve the agreement

Doesn’t that real estate agent always get off the couch? Then you can choose to terminate the agreement. You must be able to prove that nothing has been done. As I said before, you agree that the broker is obliged to make an effort.