Terms and conditions - candidates

Update: 19-06-2023

In order to be aware of your rights and obligations, Eerlijk Bieden always recommends that you read the General Terms and Conditions carefully. 

Article 1: Definitions

  • Offer Information: 

All relevant information regarding the Real Estate, provided by the Selling Broker, for inspection through the Bid Form and Dataroom.

  • Bid form:

The online form through which a Candidate can bid on the Registered Property.

  • Bid log:

The online overview of the offers submitted for a Registered Property.

  • Bidding process:

The process of bidding online through the Website for a preannounced period in accordance with the applicable terms and conditions

  • Data Room:

A secure web page where documents can be downloaded and questions asked.

  • Eerlijk Bieden:

Eerlijk Bieden b.v., hereafter Eerlijk Bieden, is the software provider that facilitates the online bid form.

  • Award:

The Seller's statement showing, as a result of the Bidding Process, that Seller is awarding the Registered Property to a Candidate.

  • Registration:

Sales method whereby Candidates are given the opportunity to make a 'blind' bid prior to a set Closing Time. The registration in Eerlijk Bieden is based on the NVM Wonen Registration Conditions (April 1999) (adapted with regard to the KOZ Act: January 2004).

  • Candidate:

The adult person, or legal entity, bidding on the register property through the digital Bid Form.

  • Purchase Agreement:

The written agreement for the sale of a Registrable Property between the Seller and Buyer.

  • Purchase price:

The monetary amount, exclusive of costs and taxes owed by Buyer for which the Registered Property is sold by Seller to Buyer.

  • Media:

The various platforms through which the estate broker can distribute the Bid Form to candidates.

  • Register property:

The immovable property, or an independently transferable limited right to an immovable property that is the subject of the Bidding Process. The term Registergood shall also include membership of an association or a cooperative, entitled to the exclusive use of one or more immovable property or parts thereof. The term Registergood shall also include the movable property referred to in article 3:254 paragraph 1 of the Civil Code, which is sold together with the immovable property pursuant to the pledge and the clause referred to therein.

  • Regular bidding:

Sales method where candidates are given the opportunity to bid "blind" without a predetermined Closing Time.

  • Closing time:

The latest time for which submitted offers are still accepted by the Seller.

  • Vendor:

Provider of the Registrable Property.

  • Selling Broker:

The broker employed by the Seller who organizes the bidding process.

 

Article 2: Applicability

  1. These General Terms and Conditions apply to all bidding processes of Registry properties and services provided by Eerlijk Bieden. Deviation from these terms and conditions is valid only if agreed in writing between both parties.
  2. When these General Terms and Conditions Eerlijk Bieden are amended, the amended terms will apply to the Bidding Processes, Tenders and all related actions from the time they take effect.
  3. Eerlijk Bieden is free to change the General Terms and Conditions. Substantive changes must be announced 1 week before ratification.
  4. By registering, the Candidate agrees to the applicability of the General Conditions Eerlijk Bieden, and any Special Conditions Eerlijk Bieden, and confirms to be familiar with the contents of the conditions. The Candidate also confirms to agree to, and be familiar with, the contents of the Privacy Policy Statement 'Eerlijk Bieden'. This statement can be found at https://eerlijkbieden.nl/privacy-statement.

Article 3: Provision of information regarding the Registrable Property

  1. The Selling Broker shall make the offering information available to Candidate through the application of Eerlijk Bieden, additionally through the use of the Dataroom.
  2. In addition to the manually provided documents from the Selling Broker, the Dataroom is automatically populated with publicly available sources based on the address.  
  3. For the benefit of the privacy of the Seller and other stakeholders, the Selling Broker must anonymize all privacy-sensitive documents prior to publication in the Dataroom.
  4. Once the Dataroom is published, Candidates can request access to the Dataroom.
  5. If subsequent changes occur in the Dataroom, all Candidates will automatically be notified by email.
  6. Additional information may also be provided (verbally) to the Candidate or Purchasing broker prior to the conclusion of the Purchase Agreement. 
  7. After award, certain information from the Dataroom may be shared with outside parties until the transfer date. Buyer and Selling Broker are responsible for inviting these outside parties. 
  8. Eerlijk Bieden has no influence on the accuracy and completeness of the Offering Information nor the Dataroom. Eerlijk Bieden is therefore not liable for the accuracy and completeness of the Offering Information, nor the Dataroom, nor the information obtained from automatically publicly accessible sources, nor any damage that would result from opening up the Dataroom with external parties.

Article 4: Bidding on a tender

  1. In the case of a Tender, the Closing Time must be communicated in advance by the Selling Broker to the Candidates and shown on the bid form.
  2. Before making a bid, the Candidate has been given the opportunity to view and inspect the Real Estate. If the Candidate has not made use of this opportunity, this is at his/her own expense and/or risk. 
  3. Candidate has been given the opportunity to study the information in the Dataroom and ask questions before submitting a bid. If the Candidate has not taken advantage of this opportunity, it is at his/her own expense and/or risk.
  4. Offers may only be submitted using the pre-announced Bid Form.
  5. Candidate declares to have fully and correctly completed all information requested on the Bid Form.
  6. Candidate, in submitting a bid, agrees that the anonymized details of the bid may be displayed in the Bid Log and the Purchase Agreement.
  7. Candidates may withdraw a bid and submit a new bid hereafter until the Closing Time in deviation from the NVM Wonen Registration Conditions Directive (April 1999) (adapted regarding KOZ Act: January 2004).
  8. After the passage of any announced Closing Time, the Bid Form will be deactivated. Candidates cannot thereafter submit a new Bid for the Registry Property, nor withdraw a previously submitted Bid.
  9. The Closing Time is always displayed on the bid form. Eerlijk Bieden is not liable for offers sent late for technical reasons.
  10. All submitted bids shielded within the system from Eerlijk Bieden until the passage of the Closing Time. Details will be announced simultaneously to the Selling Broker and the Seller after the Closing Time passes.

Article 5: Regular Bidding

  1. In the case of Regular Bidding, Candidate can bid until the selling broker designates a buyer.
  2. Before making a bid, the Candidate has been given the opportunity to view and inspect the Real Estate. If the Candidate has not made use of this opportunity, this is at his/her own expense and/or risk. 
  3. Candidate has been given the opportunity to study the information in the Dataroom and ask questions before submitting a bid. If the Candidate has not taken advantage of this opportunity, it is at his/her own expense and/or risk.
  4. Offers may only be submitted using the pre-announced Bid Form.
  5. Candidate declares to have fully and correctly completed all information requested on the Bid Form.
  6. Candidate, in submitting a bid, agrees that the anonymized details of the bid may be displayed in the Bid Log and Purchase Agreement.
  7. The Seller and Selling Broker are free to enter into negotiations with a Candidate. The negotiation must be digitally recorded in the Bid Log.
  8. Candidates may withdraw a bid and submit a new bid hereafter until a buyer is identified.
  9. After designating a buyer, the bid form is deactivated. Candidates cannot thereafter submit a new Bid for the Registry Property, nor withdraw a previously submitted Bid.

Article 6: Modification of sales method:

  1. A change in the sales method by the Selling Broker is automatically communicated by email to the Seller, Selling Broker, Applicants and registered users in the Dataroom.

Article 7: A bid

  1. The amount, also called the purchase price, is always expressed in whole euros and is exclusive of the taxes and other costs payable by the Buyer.
  2. All amounts are automatically formatted in the form. Thousands are separated by a period, decimals by a comma.
  3. The monetary amount refers only to the Purchase Price of the Real Estate. Taxes, costs, charges, etc. do not form part of the bid made, but are payable by the Purchaser in addition. Any benefit based on Article 13 of the Legal Transactions Tax Act (transfer tax) shall accrue to the Seller.
  4. The Candidate is given the opportunity to state any applicable resolutive conditions in the Bid Form.
  5. The candidate obtains an automatically generated user code during the bidding.
  6. Eerlijk Bieden is free to contact Candidate or Seller in the event of a solid suspicion of fraud.
  7. Eerlijk Bieden is free to withdraw a bid without giving a reason if there is a sound suspicion of fraud.

Article 8: Award, announcement, cancellation and continuation

  1. After reviewing the submitted offers, the Selling Broker and the Seller will review the offers. 
  2. The Seller retains the right of consideration and award at all times. This means that the Seller is not obliged to assign the Registrable Property to the candidate with the highest bid and/or best terms. 
  3. The Seller and Selling Broker will announce the allotment as soon as possible, there is no specific time for this in deviation from NVM Wonen (April 1999) (adapted with regard to the KOZ Act: January 2004).
  4. The Seller and the Selling broker shall be free to cancel or restart a sales process where an assignment has not yet been made, without giving reasons.
  5. The purchase of the Registered Property shall only be effected after the written Sales Agreement has been validly signed by the Seller and Buyer. This does not apply if there is a professional Buyer (acting in the exercise of a profession or business).

Article 9: Digital Purchase Agreement

  1. De Verkopend Makelaar kan optioneel middels het systeem van Eerlijk Bieden een Koopovereenkomst genereren, op basis van de Modelovereenkomst 2023.
  2. De Koopovereenkomst komt automatisch tot stand door de informatie uit de Dataroom te combineren met de aangeleverde informatie van de Koper en automatisch publiek toegankelijke bronnen in de Modelovereenkomst appartementsrecht (model 2021). Alle afwijkingen ten opzichte van de Modelovereenkomst dienen gecontroleerd te worden door de Verkopend Makelaar.
  3. Eerlijk Bieden heeft geen invloed op de juistheid en volledigheid van de informatie in de Koopovereenkomst. Eerlijk Bieden is daarom niet aansprakelijk voor de juistheid en volledigheid van de koopovereenkomst.

Article 10: Reflection period

  1. After the Buyer (who is a natural person not acting in the exercise of a profession or business) has been given a copy (copy) of the Purchase Agreement signed between the parties, the statutory cooling-off period of three days for an existing home and seven days for a new home starts. During this cooling-off period, the Buyer has the right to rescind the purchase without reason. The reflection period ends by midnight of the last day included in the reflection period. The cooling-off period lasts a minimum of three days. The cooling-off period may be longer because the General Terms Act applies. If the Buyer rescinds the Purchase Agreement, the Award expires and the Seller is free to offer the Property for sale again. This cooling-off period only applies if the Buyer is a natural person not acting in the exercise of a profession or business, and expressly does not apply in the case of a professional Buyer.

Article 11: The general accountability

  1. For the purpose of overall transparency in the sales process, the Selling Broker and/or the Seller, subject to the legal 3-day cooling-off period, or the expiration of buyer's reservations, must send the Bid Log. 
  2. Only those candidates who have bid on the Registry property will receive the Bid Log by e-mail.
  3. The Bid Log displays the winning bid, also shown as Buyer, other submitted bids and dates about the transaction at all times.
  4. The personal data of all candidates are automatically displayed in an anonymised form.

Article 12: Privacy

  1. Eerlijk Bieden respect your privacy. In our Privacy Statement we explain which personal data we collect through our Bid form and for what purpose.

Article 13: Liability

  1. Eerlijk Bieden and the Selling Broker are not liable for any damages that Candidates, Buyers and Sellers will suffer as a result of participation in the bidding process or use of the software. 
  2. Eerlijk Bieden and the Selling Broker are not liable for any damage as a result of computer malfunctions and failures of the Bid Form, as a result of which a Candidate would not be able to make a bid (or not in time).
  3. Eerlijk Bieden and the estate broker are not liable for any damage suffered by Candidates, Buyers and Sellers as a result of any viruses and/or similar (unlawful) files and programs distributed by the Website.
  4. Eerlijk Bieden shall not be liable for any damages resulting from incompleteness or inaccuracy of the Offer Information, Data Room, or Purchase Agreement.
  5. Eerlijk Bieden does not represent that the Seller is entitled to dispose of the Registered Property, and/or that the Registered Property is not encumbered with limited rights, other restrictions and encumbrances. 
  6. The limitations of liability contained in these General Conditions Eerlijk Bieden shall not apply if the damage results from intentional or deliberate recklessness of the Eerlijk Bieden and/or the Selling Broker.
  7. The liability of Eerlijk Bieden and/or the Selling Broker is in any case limited to the amount paid out by their liability insurance policy increased by the amount of the deductible. 
  8. Any claim of a party to any damages shall lapse one year after the end of the Sales Process, being the moment of Allotment or the moment that the Bidding Process is cancelled. 

Article 14: Applicable law

  1. The General Terms Act applies to the terms in these Terms and Conditions.
  2. These general terms and conditions are governed by Dutch law. A dispute about these terms and conditions will be submitted to the competent court. 
  3. Eerlijk Bieden has the right to modify these Terms and Conditions.