GENERAL SALES CONDITIONS - HomesByYou B.V.
These sales conditions apply to all assignments provided to HomesByYou B.V. from August 1, 2025, onward and form an integral part of the assignment agreement concluded with HomesByYou B.V.
Article 1 – Formation of the Agreement and Applicability
An assignment to HomesByYou B.V. is considered legally valid as soon as the customer has signed the assignment agreement and has agreed to the accompanying general sales conditions.
Unless otherwise agreed in writing in the service assignment, the assignment is granted exclusively to HomesByYou B.V. for a minimum period of six months. During this period, HomesByYou B.V. has the exclusive right to sell the property, and the client is not allowed to offer the property through another agent or independently.
Only HomesByYou B.V. is considered the contractor. This also applies if the client wishes the work to be carried out by a specific person.
When the client is a consumer (acting outside of a profession or business), the NVM Consumer Conditions for Real Estate Agency apply, except for articles 20 and 21. HomesByYou B.V. is not a member of the Dutch trade organization NVM but acts according to the standards of the NVM.
These general conditions apply to all agreements concluded by HomesByYou B.V. and provided services.
Unless otherwise indicated, article references in this document refer to provisions in these Sales Conditions.
Article 2 – Description of the Services
The services provided by HomesByYou B.V. include at least:
Valuation of the property;
Preparation of a legal file;
Advice on the asking price and sales strategy;
Providing a questionnaire for the buyer's information duty;
Editing and/or reviewing the sales text;
Providing a professional property presentation;
Access to the client portal (“My HomesByYou”);
Periodic consultation on progress using statistics;
One year of marketing tools, such as placement on the website homesbyyou.com, social media channels, and signs;
Adjusting the asking price or changing the presentation, provided these adjustments are deemed beneficial for the sale by HomesByYou B.V.;
Facilitating an Open House;
Advice on and conducting negotiations (by phone or email);
Drafting a standard model purchase agreement. The model purchase agreement is drafted by a notary based in Curaçao. If drafting the purchase agreement requires extensive legal knowledge, it will be outsourced. The costs will be shared by the buyer, seller, or both, as agreed.
Monitoring legal deadlines (signature, deposit, resolutory conditions).
If the Premium presentation option is chosen, the following additional services will also be provided by HomesByYou B.V.:
Engaging a professional photographer for the property presentation;
Making a promotional video of the property;
Creating a floor plan of the property;
Taking 360 photos of the property;
Extra services not mentioned in articles 2.1 or 2.2 will only be performed if explicit agreements are made about them.
The standard sales form is “buyer’s costs,” meaning that transfer tax and notary fees are the responsibility of the buyer.
The work is performed, where possible, by one dedicated agent. In case of absence, another employee may be assigned without this resulting in a shortcoming.
HomesByYou B.V. performs its services to the best of its knowledge and ability. If necessary, it can have parts performed by third parties under its responsibility. For this reason, HomesByYou B.V. may share the data made available to it with these others.
If the client agrees that another party drafts the purchase agreement, this component is excluded from the services of HomesByYou B.V.
Upon request, HomesByYou B.V. can assist a client in finding additional service providers, but it is not a party in agreements between the client and third parties.
Article 3 – Obligations of the Client
The client has a statutory duty to provide information and is therefore obliged to fully and accurately inform both HomesByYou B.V. and potential buyers about the property. This includes all relevant legal, construction, and factual aspects that may affect the buying decision. The client acknowledges that it is their responsibility to prevent the buyer from obtaining an incorrect or incomplete view of the property. To this end, the client will provide all available and relevant information and documentation in a timely and truthful manner.
The client is required to identify themselves during the property viewing. Any co-owners must also be able to identify themselves. Once the identity verification of the client, and possibly of stakeholders and co-sellers, in accordance with the 'Landsverordening Meldpunt Ongebruikelijke Transacties' (LvMOT) and 'Landsverordening Identificatie bij Dienstverlening' (LID) has taken place, and no objections arise, the assignment is considered accepted by HomesByYou B.V. HomesByYou B.V. reserves the right to refuse an assignment without reason.
By signing the service assignment, the client declares that they are authorized to sell the property. If they do not own the property or co-own it with others, and/or if they are the owner of the property and have a spouse or registered partner living in the property to be sold, the client has the necessary powers of attorney to bind the aforementioned (legal) persons to a purchase agreement concluded by them.
The client is obliged to have all bids submitted through HomesByYou B.V. If a potential buyer wishes to make an offer, the client must refer them to HomesByYou B.V. to submit the offer. The client is not allowed to accept bids themselves and/or disclose bids to third parties.
The client indemnifies HomesByYou B.V. against damage claims arising from incorrect or incomplete information provided by the client.
It is not permitted to use promotional material from another agent or third parties without the written consent of the respective party. The client indemnifies HomesByYou B.V. against all third-party claims regarding copyright infringement.
Sales texts are submitted through the online client portal. For the publication of the property, the client has the duty to check all information regarding the property and, where necessary, to supplement or report errors to HomesByYou B.V.
HomesByYou B.V. may refuse material deemed inappropriate or hindering to the sale. HomesByYou B.V. may, without prior notice to the client, add or remove photos or texts if they believe it positively affects the sale of the property.
The client must immediately report changes in contact details and information about the property. Until a change is reported in writing (email), HomesByYou B.V. may assume the accuracy of the received information.
Article 4 – Viewings, Final Inspection, and Key Transfer
The client is responsible for scheduling, guiding, and facilitating the viewings of the property. This means that the client receives interested buyers, shows them around, and provides them with relevant information about the property.
The client is responsible for correct and timely communication with potential buyers about available viewing times and any changes to the schedule.
The client is also responsible for organizing and conducting the final inspection of the property prior to the transfer of ownership. The condition of the property must be checked, and any agreements regarding handover must be upheld.
The key transfer must be conducted by the client in a correct and careful manner, in accordance with the agreements in the purchase agreement and/or notarial transfer.
HomesByYou B.V. is not liable for any damages, misunderstandings, or other consequences arising from viewings, final inspections, or key transfers carried out by the client.
Article 5 – Duration and Termination of the Assignment
The agreement ends in accordance with the rules in the NVM conditions and states:
Unless otherwise agreed in writing, the assignment is considered fulfilled as soon as the agreed performance has been delivered.
In the case of an assignment for mediation in sales, the assignment is fulfilled at the moment the purchase agreement is signed by both parties. HomesByYou B.V. will subsequently assist the client in further processing the transaction.
The assignment for mediation is also considered fulfilled if a purchase agreement is established during the term of the assignment, regardless of whether this is the result of the services provided by HomesByYou B.V.
In purchase agreements that include suspensive or resolutory conditions – including the statutory reflection period – the assignment is only considered fully fulfilled once all suspensive conditions are met and none of the parties can invoke a resolutory condition.
HomesByYou B.V. may terminate the assignment if:
The client does not or does not timely fulfill payment requests;
The client does not follow up on viewing requests;
The client does not respond to inquiries from potential buyers or does not do so in a timely manner;
The asking price is unrealistic compared to the market value of the property or the asking price increases during the term;
Promotional material is requested that harms the sale or is offensive;
Documents requested by HomesByYou B.V. are not provided by the client or not provided in a timely manner;
The property is not listed for sale within one year of registration;
The client systematically ignores advice from HomesByYou B.V.;
The client does not cooperate with the mandatory compliance investigation in accordance with the 'Landsverordening Meldpunt Ongebruikelijke Transacties' (LvMOT) and 'Landsverordening Identificatie bij Dienstverlening' (LID);
The client does not allow the bidding process to proceed through HomesByYou B.V.
The client may, in consultation, temporarily pause the sale (2-6 months). If resumed within 6 months, no extra costs apply.
Article 6 – Costs and Payment
The client pays the agreed amount as stated in the assignment agreement. This amount is due regardless of whether the sale is a direct result of the services provided by HomesByYou B.V. Start-up costs are payable immediately, if applicable.
The assignment is indivisible; there is no right to a refund or discount in case of partial execution and thus if tasks that are part of the assignment are not or not fully carried out at the request of the client.
Sale after termination of the assignment still leads to the payment obligation of the amount mentioned in article 5.1 if the property is sold within 6 months after the termination of the assignment and if the final buyer has had contact with the buyer via HomesByYou B.V. (directly or indirectly) regarding the property or has shown interest in the property during the term of the assignment.
The client has a payment obligation of the amount mentioned in article 5.1 at the moment an unconditional purchase agreement is established. Even if an unconditional purchase agreement does not lead to a successful transfer, HomesByYou B.V. has the right to the amount mentioned in article 5.1, and this amount is payable immediately from that moment onward.
Withdrawal of the assignment does not lead to a refund of any start-up costs.
Extra services are only performed after explicit agreement with written confirmation.
These agreements also apply if the assignment ends in another way.
In the event of the client’s death, there is no refund of paid amounts.
Invoices must be paid within the specified period. In case of non-payment, publication may be revoked.
In the case of sale, HomesByYou B.V. may submit its invoice to the notary and payment may take place before the distribution of the purchase price. The client expressly consents to the notary paying the invoice to HomesByYou B.V.
Intellectual property of the promotional material produced by HomesByYou B.V. or produced on behalf of HomesByYou B.V. remains with HomesByYou B.V. The client is granted the right to use the promotional material indefinitely, but no editing rights without permission.
Article 7 – Liability
HomesByYou B.V. is not liable for any direct or indirect damage, including but not limited to financial damage, consequential damage, lost profits, or immaterial damage, resulting from or related to the services, unless there is intent or willful recklessness on the part of HomesByYou B.V.
The client acknowledges that the services of HomesByYou B.V. are supportive and advisory in nature, and that the final sales decisions and negotiations are the client's responsibility. HomesByYou B.V. is not liable for the outcome of the sale or the failure to achieve a sales price.
HomesByYou B.V. is not responsible for the accuracy, completeness, or legality of the information provided by the client relating to the property.
The client fully indemnifies HomesByYou B.V. against all claims, damage claims, costs, or legal proceedings arising from incorrect, incomplete, or misleading information provided by the client to HomesByYou B.V. or potential buyers.
Claims against HomesByYou B.V. must be reported in writing or by email to HomesByYou B.V. immediately after the client becomes aware of them.
HomesByYou B.V. may limit or restore damage to the client, to which the client will provide their full cooperation.
The liability of HomesByYou B.V. expires at all times six months after the termination of the assignment.
When using digital communication means, HomesByYou B.V. is not liable for delays, loss, or distortion, unless there is gross negligence. Parties acknowledge that there are risks associated with the use of these digital communication means. Parties use these means in such a way that risks are minimized as much as possible, such as using a virus scanner and other protective measures.
HomesByYou B.V. is never liable for the mistakes of third parties employed by the client. This includes, but is not limited to: a sales stylist, a photographer, a construction expert, and a notary.
References on external websites are outside the responsibility of HomesByYou B.V.
Article 8 – Amendment of the Conditions
HomesByYou B.V. may amend these conditions at any time.
If the changes also apply to existing customers, they will be informed.
The client may terminate the agreement within two months of the announcement of the amendment if they object to the change of the conditions. Without objection, the new conditions apply from the moment of notification.
Article 9 – Applicable Law and Disputes
This agreement is solely governed by the law of Curaçao.
If you have a complaint about the establishment or execution of the assignment, you may report this complaint in writing to HomesByYou B.V.
Disputes arising from this agreement will preferably be resolved in good consultation. If no agreement is reached, disputes will be submitted to the competent court in Curaçao.