Terms and conditions

Biedadviseur.nl provides two distinct services: the bidding advice report and full buying support. Chapter A applies to both. Chapter B applies only if you purchase a bidding advice report, chapter C only if you purchase buying support. Chapter D applies to both again.

Article 1 – Definitions

In these terms, the following definitions apply:

• Biedadviseur.nl: the service provider, registered with the Dutch Chamber of Commerce under number 42008725.
• User: any natural or legal person who uses the website or purchases a service.
• Consumer: a user acting for purposes outside their trade or profession.
• Client: the user who instructs Biedadviseur.nl to provide buying support.
• Bidding advice report: the data-driven report indicating the value of, and the bid to consider for, a specific home.
• Buying support: the services described in article 9, from search instruction to the handover of the keys.
• Instruction: the contract for services (overeenkomst van opdracht) for buying support between Biedadviseur.nl and the client.
• Fee: the fixed amount agreed for the buying support, as referred to in article 13.
• Home: the immovable property to which the services relate.
• Agreement: any agreement between Biedadviseur.nl and the user, including the instruction.

Article 2 – Applicability

These terms and conditions apply to every offer made by, and every agreement with, Biedadviseur.nl. They are made available to the user before or upon conclusion of the agreement and can be consulted and downloaded from this page at any time. Deviations apply only where they have been expressly confirmed in writing. Where a signed instruction for buying support deviates from these terms, the instruction prevails. If any provision proves to be void or voidable, the remaining provisions remain in full force and the affected provision is replaced by an arrangement that approximates its intent as closely as possible.

Article 3 – Offer and formation of the agreement

All information on the website has been compiled with the greatest possible care. Obvious errors or mistakes in the offer do not bind Biedadviseur.nl.

1. Bidding advice report. The agreement is formed at the moment the user completes the request and payment has been successfully confirmed.
2. Buying support. The instruction is formed at the moment the contract for services has been signed by both parties or – where no separate instruction form is used – at the moment the client accepts, in writing or by e-mail, the confirmation of instruction sent by Biedadviseur.nl. Signing may also take place electronically. Payment is expressly not a condition for the formation of the instruction; buying support is invoiced afterwards in accordance with article 13.
3. The introductory meeting and submitting your details through the contact form are free of charge and without obligation, and do not in themselves create an agreement.

Article 4 – Prices, invoicing and payment

All prices on the website are in euros and include VAT. Payments for the bidding advice report are handled through payment provider Mollie (for example iDEAL or credit card); additional terms of Mollie or of the chosen payment method may apply. Biedadviseur.nl does not in principle receive full card details. The fee for buying support is invoiced in accordance with article 13. Unless stated otherwise, the payment term for an invoice is fourteen days. In the event of late payment the user owes statutory interest and, following a free reminder with a payment term of fourteen days, the extrajudicial collection costs under the Dutch Extrajudicial Collection Costs (Standardisation) Act.

Article 5 – Right of withdrawal for consumers

A consumer who concludes an agreement with Biedadviseur.nl at a distance or off-premises has a cooling-off period of fourteen days, counted from the day on which the agreement was concluded. Withdrawal is not subject to any particular form; an e-mail to info@biedadviseur.nl suffices. The statutory model withdrawal form is enclosed with the confirmation of instruction and is available free of charge on request.

1. Bidding advice report. The report is delivered immediately after payment. On submitting the request the consumer expressly asks for immediate performance and acknowledges that they lose their right of withdrawal once the agreement has been fully performed. If the report has not yet been delivered, the right of withdrawal continues to apply in full.
2. Buying support. Biedadviseur.nl will in principle only begin work after the cooling-off period has expired. If the client wishes work to start earlier – which in an active search is almost always the case – they expressly request this in the instruction and acknowledge that they lose their right of withdrawal once the instruction has been fully performed. This request and this acknowledgement are recorded separately in the instruction form.
3. If a consumer withdraws during the cooling-off period after work has begun at their request, they owe a proportionate part of the fee, in proportion to the work performed at that point. The phases of article 9 serve as the yardstick, with the following weighting: searching and assessing 25%, bidding strategy, negotiation and offer 50%, review of the purchase agreement and its annexes 15%, support up to and including the handover of the keys 10%.

Article 6 – Personal data, identification and the Dutch anti-money laundering act (Wwft)

The privacy policy of Biedadviseur.nl applies to the processing of personal data and can be found at /privacybeleid.

When providing buying support, Biedadviseur.nl acts as an intermediary in the purchase of immovable property and is therefore an institution within the meaning of the Dutch Money Laundering and Terrorist Financing (Prevention) Act (Wwft). Biedadviseur.nl is consequently required by law to carry out client due diligence before starting work, to establish and verify the identity of the client and of any ultimate beneficial owner, and to investigate the source of funds. The client is obliged to cooperate and to provide the requested data and documents. Biedadviseur.nl may not begin providing its services until the client due diligence has been completed; if it cannot be completed, Biedadviseur.nl is obliged to terminate the services. Biedadviseur.nl is further required by law to report unusual transactions to the Financial Intelligence Unit – the Netherlands, and is prohibited from informing the client of such a report. Data from the client due diligence is retained for five years after the services have ended.

Article 7 – Content and performance of the bidding advice report

Biedadviseur.nl provides data-driven bidding advice based on available data sources, including officially registered sale prices, and on the information supplied by the user. The report is compiled automatically. The user is responsible for the accuracy and completeness of the information they supply; a report based on incorrect or incomplete input does not produce a reliable outcome.

Article 8 – Nature and limitations of the bidding advice

The bidding advice is an aid to the user’s decision. It is not a valuation in the sense of a formal valuation report, not a guarantee of purchase, price level, negotiation outcome or financing, and not legal, tax, structural or financial advice. Where only a bidding advice report is purchased, Biedadviseur.nl does not act as a buying agent: no investigation is carried out into the home, the documents or the counterparty, and no negotiation or bidding is done on the user’s behalf. The user remains responsible for the final bid and for all decisions surrounding it.

Article 9 – Scope of the buying support

Biedadviseur.nl supports the client in purchasing a home and, in consultation with the client, performs the following work:

• discussing requirements, preferences and budget, and recording a search profile;
• monitoring and filtering the market and putting forward homes that fit the search profile, accompanied by a valuation and points to watch;
• supplying questions and points to watch ahead of the viewing, which the client carries out themselves;
• determining the bidding strategy, conducting the negotiation with the selling party and submitting bids on behalf of the client, subject to article 11;
• reviewing the purchase agreement and its annexes as described in article 10;
• monitoring the cooling-off period, the deadline for the conditions precedent and the deadline for the deposit or bank guarantee;
• reviewing the draft deed of transfer and the notary’s settlement statement, and thinking along at the final inspection.

Buying support is a best-efforts obligation. Biedadviseur.nl is not tied to a region and works throughout the Netherlands.

Article 10 – What the services do not include

The following are expressly not included:

• Attending viewings. The client views the property themselves. Biedadviseur.nl does not inspect the home physically and is therefore unable to assess its actual condition.
• Structural surveys. Biedadviseur.nl is not a structural expert and does not carry out structural surveys. Biedadviseur.nl advises the client as a matter of course to have a structural survey carried out and to include a structural survey condition in the bid. If the client chooses not to, this is recorded in writing and the consequences are for the client’s account.
• Valuation in the sense of a validated valuation report for the mortgage lender.
• Mortgage, insurance and tax advice. Biedadviseur.nl is not a financial adviser and does not assess whether the financing is feasible or suitable.
• Notarial and legal services. The review of the purchase agreement and its annexes – including the conditions precedent, the transfer date, the deposit or bank guarantee, easements and chain clauses, the title information from the Land Registry and, in the case of an apartment, the deed of division and the owners’ association file – is a review for completeness, for the customary provisions and for points to watch, together with an explanation of these to the client. This review does not replace the advice of a civil-law notary or a lawyer. Where the situation calls for it, Biedadviseur.nl refers the client to a notary or a lawyer.
• Selling or marketing the client’s current home.

Article 11 – Power of attorney, bids and negotiation

1. The client grants Biedadviseur.nl power of attorney to negotiate on their behalf with the selling party and their agent, and to submit, amend and withdraw bids on their behalf. The power of attorney is recorded in the instruction form or in a separate power of attorney form.
2. The power of attorney expressly does not extend to signing the purchase agreement or the deed of transfer, entering into financial obligations on the client’s behalf, or receiving funds. The client signs personally.
3. Biedadviseur.nl submits a bid only after the client has given prior written approval – by e-mail or via a messaging service such as WhatsApp – covering at least the amount, the conditions, the transfer date, the movable property to be taken over and the period for which the bid is valid. No bid is submitted without that approval. Biedadviseur.nl records these approvals in the file.
4. Biedadviseur.nl advises the client, as a matter of course, to include a financing condition and a structural survey condition in the bid. If the client wishes to bid without conditions or with more limited conditions, Biedadviseur.nl points out the consequences and records that warning and the client’s choice in writing. The consequences of that choice are for the client’s account and risk.
5. A bid is an offer and not a purchase. Where a consumer buys a home, a binding purchase agreement only comes into being once it has been recorded in writing and signed by both parties, after which the consumer-buyer has a statutory cooling-off period of three days. Acceptance of a bid by the selling party, even where expressed unambiguously, therefore does not in itself oblige that party to sell. Biedadviseur.nl has no influence over the award of the property and does not guarantee a purchase.
6. The client may revoke the power of attorney in writing at any time. Revocation takes effect from the moment Biedadviseur.nl receives it and has no bearing on bids already submitted at that point.

Article 12 – Obligations of the client

The client provides, in good time, all information Biedadviseur.nl requires to perform the instruction, including the data for the client due diligence under article 6, and reports without delay any change in their search profile, budget or financial situation. The client informs Biedadviseur.nl immediately if they enter into contact or negotiations about a home themselves or through a third party. The client decides on every bid, on the purchase and on whether or not to include conditions.

Article 13 – Fee, when it becomes due and when it is payable

1. A single fixed amount of € 495.00 including VAT applies to the full buying support, regardless of the purchase price and regardless of how long the search takes. No advance payment, subscription fee, hourly rate or percentage of the purchase price is charged.
2. The fee becomes due as soon as the purchase agreement relating to a home has been signed by the client and the selling party.
3. The fee becomes payable as soon as the sale has become irrevocable, that is to say once the consumer-buyer’s statutory cooling-off period has expired without dissolution and the agreed conditions precedent have lapsed or can no longer be invoked.
4. The fee is preferably settled through the notary’s settlement statement. The client authorises Biedadviseur.nl to submit the invoice to the notary for that purpose and authorises the notary to settle the amount from the statement. If payment does not run through the notary, a payment term of fourteen days applies from the day the fee became payable.
5. If the purchase agreement is lawfully dissolved on the basis of a condition precedent, or the client exercises their right of dissolution within the statutory cooling-off period, no fee is due and any invoice already sent is credited. At the client’s request Biedadviseur.nl then continues the support free of charge under the same instruction.
6. If the client does not buy a home during the term of the instruction, no fee is due. This is without prejudice to article 16.
7. If the client has previously purchased a bidding advice report from Biedadviseur.nl, the amount paid for it is deducted in full from the fee. The deduction is applied to the first report purchased, on presentation of the payment confirmation or on the basis of the e-mail address used to request the report.

Article 14 – Term, termination and revocation of the instruction

1. The instruction is entered into for an indefinite period and has no end date. It ends by operation of law once the purchase of a home has become irrevocable and the keys have been handed over.
2. The client may terminate the instruction at any time. Termination is effected in writing or by e-mail, without notice period and without any penalty or termination fee being due.
3. Biedadviseur.nl may terminate the instruction subject to a reasonable notice period, and with immediate effect where the client fails to meet their obligations under article 12, where the client due diligence under article 6 cannot be completed, or where continuation cannot reasonably be required of it. Biedadviseur.nl states its reasons for the termination.
4. On termination no fee is due for the work performed up to that point, subject to article 16.

Article 15 – Conflicts of interest

Biedadviseur.nl never acts for both the buyer and the seller in respect of one and the same home. If Biedadviseur.nl turns out to be involved in any way on the selling side of a home that falls within the client’s search profile, or if there is any other interest capable of affecting its independence, it will report this to the client without delay. In that case the client may end the instruction for that home free of charge. Biedadviseur.nl receives no commission, brokerage fee, remuneration or other benefit from sellers, selling agents, mortgage advisers, structural surveyors or notaries.

Article 16 – Post-term effect

1. If, within six months of the end of the instruction, a purchase agreement is concluded between the client – or a member of their household, or a legal entity they control – and the selling party in respect of a home that was put forward by Biedadviseur.nl, on which Biedadviseur.nl advised or provided a valuation, or in respect of which Biedadviseur.nl negotiated or bid on the client’s behalf, the full fee under article 13 is nevertheless due. Paragraphs 3 to 5 of article 13 apply accordingly.
2. At the end of the instruction Biedadviseur.nl provides the client, on request and free of charge, with an overview of the homes to which this article applies. Homes that do not appear on that overview and are not evident from the correspondence between the parties fall outside the post-term effect.
3. This article does not apply where the instruction has ended through termination by Biedadviseur.nl, unless that termination was the result of a failure on the part of the client, nor where the instruction has ended through an attributable failure on the part of Biedadviseur.nl.

Article 17 – No third-party funds

Biedadviseur.nl does not receive or hold any funds belonging to the client or to third parties. Deposits, bank guarantees, the purchase price and all other payments connected with the purchase run exclusively through the notary or directly between the client and the party concerned. Biedadviseur.nl does not operate a third-party funds account and will never ask the client to transfer such amounts to it.

Article 18 – Liability

1. Biedadviseur.nl performs its work with the care that may be expected of a reasonably acting and reasonably competent service provider. All obligations of Biedadviseur.nl are best-efforts obligations.
2. The liability of Biedadviseur.nl is limited to the amount paid out in the relevant case under its professional indemnity insurance, increased by the deductible. If for any reason no payment is made, liability for buying support is limited to € 5,000.00 per event and for the bidding advice report to the amount paid for that report.
3. Biedadviseur.nl is not liable for damage resulting from: the structural or actual condition of the home; the accuracy or completeness of information provided by the client, the selling party, the selling agent, the notary or any other third party; developments in the housing market or the value of the home after purchase; a failure to obtain financing; the tax consequences of the purchase; or the selling party’s decision not to award the property.
4. Liability for indirect damage, consequential loss, lost profit and missed opportunities is excluded to the extent permitted by law.
5. The limitations and exclusions in this article do not apply in the event of intent or wilful recklessness on the part of Biedadviseur.nl, nor to the extent that mandatory law precludes them. In relation to a consumer they apply only to the extent that they are not unreasonably onerous.
6. The user reports any defect in the services within a reasonable period after discovering it or after they could reasonably have discovered it.

Article 19 – Intellectual property and use

All intellectual property rights in the website, the reports, the valuations, the models and the other content belong to Biedadviseur.nl or its licensors. The user receives a personal, non-exclusive and non-transferable right of use for their own purposes, including sharing with their adviser, mortgage lender or notary for the purpose of their own purchase. Copying, reselling, commercially exploiting or publishing the content without prior written permission is not permitted.

Article 20 – Complaints and disputes

Complaints about the services can be submitted to info@biedadviseur.nl. Please include your contact details and a clear description of the complaint. Biedadviseur.nl confirms receipt within five working days and responds substantively within fourteen days. If a longer period is required, this is notified within those fourteen days, together with an indication of when a substantive response can be expected. If the parties are unable to resolve the matter between them, the dispute may be submitted to the competent court.

Article 21 – Applicable law

These terms and all agreements with Biedadviseur.nl are governed exclusively by Dutch law. Disputes are submitted to the competent court in the Netherlands. For a consumer this is without prejudice to the right to bring the dispute before the court designated as competent by law.

Article 22 – Changes and contact

Biedadviseur.nl may amend these terms. The most recent version is always available on this page, including the date of the latest change. An instruction for buying support that is already running remains governed by the version in force at the time it was formed, unless the client agrees to a change. Questions about these terms and conditions? Get in touch at info@biedadviseur.nl or on WhatsApp: +31 6 13975548.