General brokerage terms

1. Scope

These terms apply to all brokerage instructions (sale and letting) and management instructions given to Variax BV, trading as Varihome. Deviations apply only if agreed in writing. In case of conflict, the signed instruction prevails over these terms.

2. The estate agent

Variax BV, company number BE 0789.902.969, registered office Patatestraat 60, 1861 Meise. Instructions are carried out by Axel Van Riet, licensed real estate agent-intermediary, BIV number 518384 (Belgium), supervised by the Professional Institute of Real Estate Agents (BIV/IPI), Luxemburgstraat 16B, 1000 Brussels, and bound by the BIV Code of Ethics (Royal Decree of 29 June 2018).

Professional liability and the guarantee are insured under the collective policy for licensed estate agents with AXA Belgium, policy number 730.390.160.

3. The instruction

Every instruction is set out in writing beforehand. It states at least: the identity of the parties, a description of the property, the asking price or rent, whether it is exclusive, the duration, the fee and when it is due, and the costs borne by the client.

The client declares to be the owner or authorised to dispose of the property, and provides all necessary information and documents.

4. Duration, extension and termination

The instruction applies for the duration stated in it. If not terminated at the end, it continues for an indefinite period, after which either party may terminate it at any time with one month's notice, by registered letter or by email with acknowledgement of receipt.

Under an exclusive instruction, the client does not entrust the property to another agent during its term.

5. Fee

Sale: a fixed fee of €7,000 excl. VAT (€8,470 incl. 21% VAT), whatever the sale price. It is due once a valid sale agreement is concluded with a buyer introduced during the instruction, and payable when the notarial deed is executed.

No fee is due if the sale does not proceed because a condition precedent (for example obtaining a mortgage) is not met.

Letting: one month's rent excl. VAT, due when the lease is signed. Management: 10% of the monthly rent received, excl. VAT, settled monthly.

Costs of certificates and inspections (EPC, asbestos certificate, electrical inspection, etc.) are borne by the client. Other costs are only incurred with the client's prior consent.

6. After the instruction ends

If the client sells or lets the property within six months after the instruction ends to a candidate introduced by Varihome during the instruction, the fee remains due. This applies only to candidates on a list Varihome provided to the client in writing no later than the end of the instruction.

7. Varihome's obligations

Varihome acts loyally and honestly, in the client's interest and with respect for the legitimate interests of the other party. Varihome keeps the client informed, includes all legally required information in every advertisement (including EPC, planning information and flood risk) and observes professional secrecy.

8. Client's obligations

The client provides accurate and complete information, reports known defects, supplies the mandatory certificates in time and gives access for viewings. Under a non-exclusive instruction, the client informs Varihome immediately if the property is sold or let by other means.

9. Third-party funds

Funds Varihome receives on behalf of third parties (such as a deposit) are held in a separate third-party account and covered by the guarantee mentioned in article 2. Varihome uses them only for the purpose for which they were entrusted.

10. Right of withdrawal

If the instruction is concluded with a consumer off-premises or at a distance, the consumer may withdraw within 14 days without giving reasons and without cost. Varihome only starts within this period at the consumer's express request. If the consumer withdraws afterwards, they pay only an amount proportionate to the services already provided.

11. Anti-money-laundering

As an estate agent, Varihome must identify the client and the other party under the Act of 18 September 2017. The client provides the requested documents. Without identification, Varihome cannot carry out the instruction.

12. Liability

Varihome has an obligation of means and is liable under general law. Varihome is not liable for inaccurate information provided by the client or by third parties.

13. Personal data

Personal data is processed in accordance with the privacy statement on varihome.be.

14. Complaints and disputes

Please address complaints to Varihome first at axel@varihome.be. Ethics complaints can be filed with the BIV (www.biv.be). Consumers may also contact the Consumer Ombudsman Service (consumentenombudsdienst.be).

The instruction is governed by Belgian law. Disputes fall under the courts of the judicial district of Brussels (Dutch-speaking), without prejudice to the statutory jurisdiction rules for consumers.

This English version is a translation; the Dutch version prevails.

Use of the website

Property information is prepared carefully based on the data and certificates we receive. It is not contractual. Only the sale or lease agreement is binding.

The texts, photos and logo on this website are protected. Reproduction requires prior permission. Varihome is not liable for the content of external websites linked to.