Brokerage contracts, also known as assignments, are always made in writing or electronically. The agent may not appeal to oral agreements or discussions. The contract is important - not only for a successful relationship with the agent - but also for the success of the sales transaction itself.
According to law, the seller must supply the buyer with all information that could influence the purchase decision. When the apartment is sold by an agent, he or she must acquire the relevant information from the seller and pass this information on to prospective buyers.
This information includes, for example, information pertaining to the age of the apartment or house, construction, past repairs and renovation work, condition and any known defects. The agent must also inform the buyer of matters dealt with at the general meeting of shareholders of the housing company.
Make sure that this information, particularly information concerning material defects in the apartment or building as well as upcoming repair and renovation projects known to the housing company are noted on the brokerage contract. This will later serve as evidence, if necessary, that the agent was duly informed of said matters.
If the agent has not clearly conveyed such information to the buyer, the statutory liability for supplying information is transferred from the seller to the agent.
Contracts with real estate agents are generally always of the exclusive type: only the agent in question can offer the apartment to prospective buyers. The seller must pay the agreed commission even if he ends up selling the apartment himself during the validity of the assignment.
Sometimes a neighbour or relative might be interested in the apartment. If you are aware of this possibility, add a special provision to the brokerage contract which states that a particular prospective buyer - specified by name - is excluded from the contract. By doing this, you will avoid having to pay commission if the person in question buys the apartment directly from you.