General Terms and Conditions

Article 1 – Definitions and scope

1.1 In these terms:

• Moi Casa means Moi Casa Makelaars, a sole proprietorship (eenmanszaak), Veluwezoom 5, 1327 AA Almere, KvK 88072177, VAT NL004534713B18.
• Client means the person or company that engages Moi Casa.
• Consumer means a client acting as a private person, not for a business or profession.
• Engagement means the agreement between Moi Casa and the client, set out in a written engagement contract signed by both.
• Property means the home or other real estate the engagement concerns.
• Transfer means the moment the property legally passes to the buyer at the notary.

1.2 These terms apply to every offer, quote and engagement of Moi Casa, for selling, buying, renting and letting property.

1.3 Where the engagement contract differs from these terms, the engagement contract prevails.

1.4 The client's own general terms do not apply unless Moi Casa agrees to them in writing.

1.5 If any part of these terms is invalid, the rest remains in force. The invalid part is replaced by a valid clause closest to its intent.

Article 2 – Services and the engagement

2.1 Moi Casa offers:

• selling a property online, for a fixed fee (Article 4);
• selling a property with an agent, for a percentage of the sale price (Article 5);
• support when buying a property (Article 6);
• letting a property for a landlord, and helping a tenant find a home (Article 7).

2.2 Every engagement, whether for selling, buying or renting, is set out in a written engagement contract signed by Moi Casa Makelaars and the client. Moi Casa starts work once both have signed. The contract states the service, the fee and any agreed costs.

2.3 Moi Casa performs the engagement with care and to the best of its ability. It is an obligation of effort, not a guarantee of a result. Moi Casa does not guarantee that a property will sell or let, or at what price.

2.4 Under the Dutch Anti-Money Laundering Act (Wwft), Moi Casa must identify its clients before starting. The client provides a valid ID and, for a company, its KvK extract and ultimate beneficial owner. Moi Casa may refuse or end an engagement if this information is not provided, or if it has reason to suspect money laundering.

2.5 Moi Casa may engage others to help perform the engagement, such as a photographer or a measurer. Moi Casa remains responsible to the client for that work.

Article 3 – Fees, VAT and payment

3.1 Unless the engagement contract says otherwise, these fees apply:

3.2 VAT is charged at the rate in force at the time of invoicing, currently 21%.

3.3 For fees due at transfer, the client authorises the notary to pay Moi Casa's invoice from the settlement.

3.4 Other invoices must be paid within 7 days of the invoice date.

3.5 If a consumer pays late, Moi Casa first sends a reminder giving 14 more days. After that, statutory interest and collection costs under Dutch law apply. For business clients, statutory commercial interest applies from the due date.

3.6 Fee changes never affect an engagement contract already signed.

Article 4 – Selling online

4.1 For the fixed fee in Article 3, Moi Casa provides:

• an intro call by phone or video, with an online value estimate;
• a photographer at the property, and measurement of the living area;
• the listing text and pricing advice;
• the listing on Funda;
• an online calendar where buyers book viewings, and a viewing checklist;
• a draft purchase agreement, and contact with the notary;
• attendance at the key handover.

4.2 The seller hosts the viewings, handles offers and negotiates with buyers. The seller decides on every offer and is responsible for what they agree with a buyer.

4.3 After an agreement on price, the seller follows up the signatures, the buyer's cooling-off period and the bank guarantee or deposit.

4.4 If the engagement ends without a sale, the seller pays only € 750 incl. VAT for photography and measurement. Nothing else is charged.

4.5 The seller can switch to selling with an agent at any time, by signing an amended engagement contract. Moi Casa then takes over the viewings and negotiation. The € 3,499 is deducted from the agent's fee, so the seller never pays both.

Article 5 – Selling with an agent

5.1 Moi Casa provides everything in Article 4.1, plus:

• a valuation visit at the property;
• scheduling and hosting every viewing;
• negotiating with buyers on the seller's behalf (the seller decides on every offer);
• preparing the purchase agreement, and tracking the signatures, the buyer's cooling-off period and the bank guarantee;
• support through to the key handover.

5.2 Moi Casa acts for the seller only. It does not also act for the buyer of the same property.

5.3 The fee is 1.5% of the agreed purchase price, incl. VAT. It is due only at transfer, and settled through the notary.

5.4 If the seller withdraws the property before a sale, the seller owes a fixed amount of € 3,499 incl. VAT.

5.5 The fee is also due if, within 12 months after the engagement ends, the property is sold to a buyer who came in through Moi Casa during the engagement.

Article 6 – Buying support

6.1 Moi Casa provides:

• a shortlist of homes from Funda and its makelaar network, matched to the buyer's budget and wishes;
• arranging viewings of the shortlisted homes for the buyer;
• advice on the bid, placing it with the seller and negotiating to an agreement;
• introductions to mortgage advisors, inspectors and valuers;
• help preparing the purchase agreement, and support through to the key handover.

6.2 Moi Casa acts for the buyer only. If Moi Casa is also the selling agent of a property the buyer wants, it tells the buyer and does not act for them on that property.

6.3 The fee is stated in the engagement contract. It is due at transfer and settled through the notary. If the buyer stops after signing the engagement contract and after Moi Casa has bid on properties for them, or a purchase falls through, the buyer owes the withdrawal fee stated in the engagement contract instead of the full fee.

6.4 The fee does not include the costs of third parties, such as mortgage advice, inspection, valuation, the notary or transfer tax. The buyer pays these to those parties directly.

6.5 A consumer buying a home has a 3-day cooling-off period by law, starting the day after receiving a copy of the signed purchase agreement.

Article 7 – Rentals

7.1 For a landlord, Moi Casa advertises the property, hosts viewings, screens candidate tenants, prepares the rental agreement and handles the handover. The fee is stated in the engagement contract.

7.2 The landlord is responsible for complying with rental law, including rent limits, the maximum deposit, any municipal rental permit, and keeping the property safe and fit to live in. Moi Casa may advise on this, but the landlord decides.

7.3 Moi Casa can also search the market for a tenant, for the fee stated in the engagement contract. By law, Moi Casa never charges a tenant for a home it lets on behalf of the landlord. Tenants pay no mediation fee for those homes.

7.4 Rent, service charges and the deposit are agreed between landlord and tenant in the rental agreement. Moi Casa is not a party to the rental agreement.

7.5 Rental fees, whether paid by the landlord or the tenant, are due when the rental agreement is signed.

Article 8 – Client obligations

8.1 The client gives Moi Casa complete and correct information in good time. For a seller or landlord this includes known defects, owners' association (VvE) documents, leasehold, permits and anything else a buyer or tenant should know.

8.2 A seller makes sure a valid energy label is available before transfer, as the law requires.

8.3 The client tells Moi Casa promptly about any change that affects the engagement, and about direct contact with interested buyers or tenants.

8.4 During the engagement, the client does not engage another agent for the same service without telling Moi Casa.

8.5 When selling online, the seller is responsible for the viewings they host, including their own safety and their belongings.

8.6 If a third party claims against Moi Casa because information from the client was wrong or incomplete, the client covers that claim.

Article 9 – Cooling-off period, cancellation and termination

9.1 A consumer who signs the engagement contract online, by email, or away from Moi Casa's office may cancel it within 14 days without giving a reason. The period starts the day after signing. The consumer cancels by email to contact@moicasa.nl, or with the model withdrawal form Moi Casa provides with the contract.

9.2 If the consumer asks Moi Casa to start work within those 14 days, for example sending the photographer, and then cancels, the consumer pays a proportionate amount for the work already done.

9.3 The client may end the engagement at any time, in writing. The client then owes only what the relevant article says: € 750 for selling online (Article 4.4), € 3,499 for selling with an agent (Article 5.4), and for buying, the withdrawal fee stated in the engagement contract (Article 6.3).

9.4 Moi Casa may end the engagement in writing for a serious reason, such as wrong information from the client, non-payment, or Article 2.4 not being met.

9.5 Article 5.5 continues to apply after the engagement ends.

Article 10 – Valuations and the online estimate

10.1 The online estimate on moicasa.nl is an indication based on average sale prices in the municipality. It is not a valuation, and no rights can be derived from it.

10.2 A valuation by Moi Casa is advice for setting the asking price. It is not a formal valuation report for a mortgage, which only a registered valuer can issue. Moi Casa can introduce a registered valuer if needed.

10.3 The seller sets the asking price and decides on offers. The final sale price depends on the market, and Moi Casa does not guarantee it.

Article 11 – Third parties

11.1 Moi Casa may introduce the client to notaries, mortgage advisors, inspectors and registered valuers. The client contracts with them directly, on their terms, and pays them directly.

11.2 Moi Casa is not responsible for the advice or work of these parties, or for their fees.

11.3 Listing platforms such as Funda set their own rules. Moi Casa is not responsible for a platform's decisions, outages or changes to its service.

Article 12 – Liability

12.1 Moi Casa is liable only for direct damage caused by a failure attributable to Moi Casa.

12.2 Moi Casa's total liability for any damage is limited to the fee agreed for that engagement in the engagement contract.

12.3 When Moi Casa sells a property for the client, it is not liable for indirect damage, such as lost profit or a lower sale price than expected.

12.4 These limits do not apply to damage caused by Moi Casa's intent or deliberate recklessness.

12.5 For selling and buying, the client reports any claim in writing within 12 months of discovering the damage.

Article 13 – Privacy, confidentiality and listing materials

13.1 Moi Casa handles personal data as described in its privacy policy.

13.2 Moi Casa keeps the client's information confidential. It shares only what the engagement requires, for example with buyers, tenants, the notary or Funda, or what the law requires.

13.3 Photos, floor plans and listing texts made for the engagement remain Moi Casa's. The client may use them for the sale or letting of the property. Moi Casa may show sold or let properties as references on its website, without the client's personal details.

Article 14 – Complaints, changes and governing law

14.1 The client sends any complaint to contact@moicasa.nl, as soon as possible after discovering the issue. Moi Casa confirms receipt within 5 working days and gives a substantive answer within 14 days, or says when it will.

14.2 If a complaint is not resolved, the client may take it to the competent court in the Netherlands.

14.3 Moi Casa may change these terms. Changes do not apply to an engagement contract already signed, unless the client agrees.

14.4 Dutch law applies to every engagement. This does not take away any protection a consumer has under the law of their own country.

14.5 These terms are available in English and Dutch. If the versions differ, the Dutch version prevails.