General Terms and Conditions Van Marion Realty N.V.
Article 1 Definitions
1. Marion Realty: the contractor, being the other party to the agreement;
2. Client: any natural or legal person who wishes to be provided with one or more intermediary services
valuation services by Marion Realty;
3. Assignment: written or oral agreement between a Client and Marion Realty
performing the services described in the agreement;
4. Real Estate: all immovable property on which the services of Marion Realty can extend;
5. General Terms and Conditions: these terms and conditions, including changes that may occur from time to time
Article 2 Assignment
a. Every assignment to Marion Realty is deemed to be the business associated with Marion Realty
granted or if explicitly stated and agreed otherwise.
b. The assignment is concluded between Marion Realty and the Client after the Client has given the assignment in writing or
orally to Marion Realty. The agreement is in any case established as soon as Marion Realty the Client’s assignment has commenced with the Client’s consent.
c. Marion Realty charges a fee for services provided that it has agreed with the Client, at plus with sales tax (sales tax).
d. Costs that are not part of the fee but that are related to the implementation of a assignment, can be charged to the Client, including travel and subsistence costs, at increase with OB.
e. In the case of several Clients, each of the Clients is jointly and severally liable for the wholefee and costs due.
f. The Client has the duty to make announcements to Marion Realty for the provision of its services essential. In case the Client withholds information or has provided incorrect information
Marion Realty has the right to adjust her fee under paragraph d.
g. Marion Realty is entitled – after consultation with the Client – to call in assistants and to pass on the costs to the Client.
h. When an assignment is finished, the fee and costs are immediately due and payable, unless in writing Marion Realty and Client agreed otherwise.
i. The payment term is 14 days.
j. If an agreement that has been concluded does not come into effect, this does not affect Marion Realty’s right without prejudice to the fee, provided that:
– for cancellation before admission: ANG 100, = excluding OB.
– for cancellation after admission: ANG 250, = excluding OB.
k. If the Client does not meet his payment obligations within the period set by Marion Realty, Marion Realty charge the Client interest equal to the statutory interest, calculated from the
expiry of the payment term up to the time of payment. All judicial and extrajudicial costs are for the account of the Client, which costs are estimated at 15% of the amount due with
a minimum of ANG.250 (in words: two hundred and fifty Dutch Antillean guilders) without prejudice to the right to recover the actual costs. Marion Realty is entitled to claim payment in advance, as well interim settlement of work done.
l. The services are deemed to the best of knowledge and may have been provided by Marion Realty without that Marion Realty assumes an obligation of result.
Article 3 Mediation assignment
a. Under “commission for mediation”, unless otherwise stated in these general terms and conditions,
means: an instruction to mediate in the establishment and conclusion of agreements with with regard to the rental and / or sale of certain specifically described properties and to all
which is connected therewith.
b. An assignment can include:
– discussing and advising on the possibilities to reach an agreement with regard to the
rental and / or sale of certain real estate;
– judging the condition, quality and value of the properties;
– conducting negotiations by Marion Realty with potential tenants and / or buyers;
– guidance and advice during and after the conclusion of an agreement.
c. The Client shall not hinder Marion Realty in the performance of its duties and shall not use it services of others than Marion Realty and, without Marion Realty, no agreement (s) with
with regard to the real estate without the involvement of Marion Realty and none conducting negotiations. The Client who acts contrary to the provisions of this article is a full fee
and costs owed, regardless of whether an agreement, whether or not through Marion Realty, has been concluded coming.
d. A mediation instruction is deemed to have been provided by the Client for an indefinite period of time, unless explicitly agreed otherwise by the Marion Realty and Client. The mediation assignment ends among other things through the realization of the intended agreement, dissolution by mutual consent, withdrawal by the Client or return of the Objects to be mediated by the Marion Realty. Submit insofar as an assignment for brokerage is bound by a period, the assignment ends upon expiration of that period.
e. The Client owes the Marion Realty the fee and costs if:
– an assignment ends due to withdrawal by the Client;
– an agreement is concluded with regard to the immovable property, whether or not deviating from the order;
– an assignment ends after a period of time and after the end of the assignment an agreement with
concerning the real estate, which is the result of services by Marion Realty performed during the term of the assignment or through acts of the Client, in violation of paragraph c.
The conclusion of an agreement is deemed to be the result of, subject to proof to the contrary services of Marion Realty during the term of an assignment or actions that are in violation of the c
Article, if the agreement has been concluded within six months after the period, for which the order was issued has expired.
f. When an agreement has been concluded due to non-performance of one of the parties or for other reasons
reasons cannot be implemented, this leaves the Marion Realty’s right to a fee and reimbursement of costs.
Article 4 Valuation
a. In these general terms and conditions, an “instruction to appraise” means: an instruction to recording and valuing of specific property by Marion Realty, as well as it issue findings to the Client.
b. Unless otherwise agreed, Marion Realty will publish its findings in a written report. The
report contains the name of the Client, such a description of the appraised that it is too identification, assessment / determination of the value, the value used concept, the purpose of the
valuation, the date on which it was performed and, if necessary, an indication of special circumstances that have been taken into account.
c. The valuation is done exclusively for the Client. Only the Client can derive rights from this.
Third parties can therefore not derive any rights from the valuation for the Client. Marion Realty
only accepts responsibility towards the Client for the content of the report, not towards it third parties.
d. An instruction for valuation is deemed to have been issued by the Client for a definite period of time. The order to valuation ends with the valuation of the property and the issuing of the written report.
Article 5 Fee
a. The Client agreed upon the assignment, regardless of whether it was provided in writing or orally
b. This fee is:
– For brokerage services:
– For appraisal services:
c. The costs to be made necessary by Marion Realty for the purposes of the valuation report or other service
such as investigations and disbursements must be reimbursed by the Client. Travel and subsistence costs can reasonably be declared declarable.
d. This fee and all other costs to be charged are exclusive of Value Added Tax or if stated otherwise.
Article 7 Other Provisions
a. The applicability of general, purchasing or other terms and conditions of the Client becomes explicit of the pointed out.
b. In the event of a reorganization, where the company or activities or part thereof are sold and
transferred by Marion Realty to a third party or an affiliated company, the Client already goes now and then
for then agreeing to the fact that Marion Realty is being replaced by the third party or affiliated company
to which the company or activities are sold and transferred. Marion Realty will be the Client of one notify such an event.
Article 8 Applicability
These terms and conditions apply to all assignments and services, unless prior to the
conclusion of an assignment has been agreed otherwise in writing. The applicability of the
the United Nations concerning the international purchase of movable property is expressly excluded.
Article 9 Liability
a. Marion Realty is not liable for damage caused by it or engaged by it auxiliaries or staff members in connection with the performance of an assignment, unless the damage is caused by intent or deliberate recklessness. The liability for Marion Realty will be in be limited in any case to the maximum amount of the fee received. In no case is the Marion
Realty liable for business, consequential, capital and / or indirect damage.
b. The choice of third parties to be engaged by Marion Realty will, where possible, be made in consultation with the
Client and with due care. Marion Realty is not liable for
shortcomings of these third parties.
Article 10 Competent court and choice of law
Curacao’s law will apply to the legal relationship between the Client and Marion Realty. Only the
competent court in Curaçao will be authorized to take cognizance of any dispute between Marion Realty and the Client.
Article 11 Location
a. These terms and conditions have been filed with the Chamber of Commerce. The version as always applies
this applied to the conclusion of an agreement with Marion Realty, and in the absence thereof, the last one
b. The Dutch text of these terms and conditions is always decisive for the explanation thereof.
Marion Realty N.V., Erosweg 6, Curaçao, Trade Register Number: 85169