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Broker Exclusive Agreement for the Netherlands

Broker Exclusive Agreement Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes an exclusive relationship between a broker and their client. The document outlines the terms under which the broker has exclusive rights to represent the client in specified transactions or territory, including detailed provisions for commission structures, service scope, and duration of exclusivity. It incorporates relevant provisions from the Dutch Civil Code (Burgerlijk Wetboek), particularly Book 7 regarding service agreements, and includes necessary compliance elements for financial regulations and data protection under Dutch law.

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Broker Exclusive Agreement

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What is a Broker Exclusive Agreement?

The Broker Exclusive Agreement is a crucial document used in the Netherlands when establishing a protected business relationship between a broker and their client. This agreement is particularly important when a client wishes to grant exclusive rights to a broker for specific services, transactions, or within a defined territory. The document addresses key aspects required under Dutch law, including compliance with the Burgerlijk Wetboek (Dutch Civil Code), financial regulations, and data protection requirements. It is commonly used in various sectors where intermediary services are essential, such as real estate, financial services, and international trade. The agreement provides comprehensive protection for both parties by clearly defining the scope of exclusivity, commission structures, obligations, and termination conditions, while ensuring compliance with Dutch legal requirements for broker-client relationships.

What sections should be included in a Broker Exclusive Agreement?

1. Parties: Identification of the broker and the client, including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the broker's services and client's needs

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Territory', 'Commission', and 'Exclusive Period'

4. Appointment and Scope: Formal appointment of the broker and detailed description of the exclusive brokerage services to be provided

5. Exclusivity: Terms of the exclusive relationship, including territorial scope and duration

6. Broker's Rights and Obligations: Detailed listing of the broker's responsibilities, duties, and rights under the agreement

7. Client's Obligations: Client's responsibilities, including providing necessary information and cooperation

8. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

9. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Data Protection: Compliance with GDPR/AVG requirements and data handling procedures

12. Liability and Indemnification: Limitation of liability and indemnification provisions

13. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

14. General Provisions: Standard clauses including severability, entire agreement, and amendments

What sections are optional to include in a Broker Exclusive Agreement?

1. Anti-Money Laundering Compliance: Required when the broker deals with financial transactions subject to Wwft regulations

2. Professional Insurance: Details of professional liability insurance when required by specific industry regulations

3. Marketing and Promotion: Specific terms regarding marketing activities when the broker will conduct promotional activities

4. Sub-Agents: Terms governing the appointment and management of sub-agents if permitted

5. Post-Termination Obligations: Specific provisions for obligations that survive termination, including trailing commissions

6. Non-Circumvention: Additional protections against circumvention of the broker's rights, particularly important in international transactions

7. Force Majeure: Provisions for unforeseen circumstances preventing performance

8. Dispute Resolution: Alternative dispute resolution procedures if preferred over standard court proceedings

What schedules should be included in a Broker Exclusive Agreement?

1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates and calculation examples

2. Schedule 2 - Service Description: Detailed specification of the brokerage services to be provided

3. Schedule 3 - Territory Definition: Detailed description or map of the exclusive territory if geographically limited

4. Schedule 4 - Reporting Requirements: Templates and timing for regular reporting by the broker

5. Schedule 5 - Contact Details: Key contact persons and communication protocols

6. Appendix A - Power of Attorney: If the broker requires specific authorization to act on behalf of the client

7. Appendix B - Compliance Requirements: Specific regulatory compliance requirements applicable to the brokerage services

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions



























Clauses






























Relevant Industries

Real Estate

Financial Services

Insurance

Commercial Trade

International Trade

Business Consulting

Mergers and Acquisitions

Art and Antiquities

Luxury Goods

Maritime and Shipping

Agricultural Products

Industrial Equipment

Relevant Teams

Legal

Compliance

Commercial

Business Development

Sales

Operations

Risk Management

Finance

Corporate Development

Partnerships

Relevant Roles

Business Development Manager

Commercial Director

Chief Executive Officer

Legal Counsel

Compliance Officer

Sales Director

Broker

Agent

Business Owner

Operations Manager

Contract Manager

Risk Manager

Partnership Manager

Chief Commercial Officer

Managing Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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