Terms and Conditions
Flex Estate
Last updated: 6 September 2026
These Terms and Conditions apply to the use of the Flex Estate platform and to services provided by Flex Estate, unless otherwise agreed in writing.
Flex Estate offers different ways to sell or rent property. Depending on the service selected, Flex Estate may provide digital Self-Service tools, individual additional services, or active sales guidance under a separate sales assignment.
The role and responsibilities of Flex Estate therefore depend on the service or services agreed with the customer.
1. About Flex Estate
Flex Estate operates an online real-estate platform through which property owners can advertise, manage and promote properties for sale or rent and make use of digital tools and additional services.
Flex Estate also offers sales guidance for property owners who wish to have Flex Estate actively assist with and coordinate the sale of their property.
Our services can therefore broadly consist of:
a. Self-Service
The property owner remains in control of the sale or rental and uses the Platform, its tools and/or additional services.
b. Sales Guidance / Full Service
Flex Estate actively assists with the sale under a separate sales assignment agreed with the seller.
c. Additional Services
Individual services may be purchased separately or as part of a package or sales assignment.
The exact scope of our work is determined by the package, order, quotation, sales assignment or other agreement entered into with the customer.
2. Applicability of these Terms
These Terms apply to:
- visitors and registered users of the Platform;
- sellers and landlords advertising property through Flex Estate;
- buyers and tenants using Flex Estate services or tools;
- customers purchasing packages or additional services; and
- customers entering into a sales assignment or other service agreement with Flex Estate.
If a separate quotation, sales assignment or other written agreement contains provisions that differ from these Terms, the specific provisions of that agreement take precedence for the relevant service.
Nothing in these Terms limits statutory consumer rights that cannot legally be excluded.
3. Self-Service
With Self-Service, the seller or landlord manages the transaction independently.
Depending on the selected package, the Platform may provide tools for matters such as property advertising, enquiries, viewing management, offers, documentation and communication.
Unless otherwise expressly agreed, the seller or landlord remains responsible for decisions relating to the transaction, including the asking price, acceptance or rejection of an offer, negotiations and entering into the eventual purchase or rental agreement.
Flex Estate may provide information, tools and support, but use of those tools does not by itself create a sales or rental assignment between Flex Estate and the user.
No commission for Self-Service
When a seller uses Flex Estate to sell a property independently, Flex Estate does not charge a percentage of the eventual purchase price or another success-based commission solely because the property was listed, promoted or sold using the Platform.
This also applies when the seller purchases additional services, unless expressly agreed otherwise in a separate agreement.
If a Self-Service customer subsequently asks Flex Estate to actively take over or assist with the sale under a separate sales assignment, the fees applicable to that new service will be agreed before the assignment begins.
4. Sales Guidance / Full Service
A seller may separately instruct Flex Estate to actively assist with the sale of a property.
Sales Guidance is provided under a sales assignment setting out the services Flex Estate will perform, the agreed remuneration and any property-specific arrangements.
Depending on the assignment, our work may include:
- discussing the seller’s objectives and sales strategy;
- market analysis and advice concerning positioning and asking price;
- coordinating preparation of the property for sale;
- collecting and organising relevant property information;
- arranging or coordinating photography, measurements and other specialist services;
- preparing and coordinating the property presentation;
- marketing and publication;
- organising or conducting viewings;
- managing enquiries from prospective buyers;
- receiving and recording offers;
- advising the seller regarding offers and conditions;
- conducting or assisting with negotiations;
- coordinating the sales process; and
- assisting with the steps towards the purchase agreement and transfer.
Only services included in the applicable quotation or sales assignment are part of Flex Estate’s obligations.
The seller retains the final decision regarding matters including the asking price, acceptance or rejection of an offer and the sale of the property, unless the parties expressly agree otherwise within the limits permitted by law.
5. Fees for Sales Guidance
Sales Guidance may be provided for:
- a commission based on the sale;
- a fixed fee;
- a combination of commission and fixed fees; or
- another remuneration structure agreed with the seller.
The applicable fee, when it becomes payable and any relevant conditions will be communicated in advance and recorded in the quotation and/or sales assignment.
No Full Service commission becomes payable merely because a customer previously used a Self-Service package, unless otherwise expressly agreed.
6. User and Property Owner Responsibilities
Users must provide accurate, complete and non-misleading information.
A person listing a property confirms that they are legally entitled to advertise the property or are authorised by the person who is.
Property owners must disclose information that may reasonably be relevant to the sale or rental and must not knowingly conceal material defects, restrictions or other relevant circumstances.
Where Flex Estate requests documents or information required to perform an agreed service, the customer must provide these within a reasonable period.
Flex Estate may rely on information and documentation supplied by the customer unless there is a reasonable reason to question its accuracy.
The customer remains responsible for the accuracy of information supplied by them.
Fraud, impersonation, unlawful activity, manipulation of the bidding process or deliberate provision of false information is prohibited and may result in suspension or termination.
7. Market Analysis, Asking-Price Advice and Valuations
Where included in the agreed service, Flex Estate may provide a market analysis and advice concerning the positioning or asking price of a property.
Such advice is based on available market information, comparable properties, characteristics of the property and other relevant circumstances.
Unless expressly stated otherwise, this advice is not a certified valuation report (taxatierapport) and should not be treated as one.
Where a formal valuation is required, an appropriately qualified independent professional may be engaged separately.
8. Measurements, Property Information and Documentation
Measurements, floor plans, energy labels, specialist reports and other property documentation may be prepared by Flex Estate or by third-party specialists, depending on the service.
Reasonable care will be taken in collecting and presenting property information.
Measurements and property details may nevertheless contain reasonable differences or inaccuracies. Buyers should verify information that is material to their decision where appropriate.
The seller is required to review property information supplied by them or prepared for publication and to notify Flex Estate promptly of any known error.
9. Listings and Publication
Listings may be subject to review before publication.
Flex Estate may refuse, suspend or remove content that:
- contains false or misleading information;
- infringes third-party rights;
- violates applicable law;
- is fraudulent or abusive;
- does not meet reasonable publication requirements; or
- may damage the integrity or security of the Platform.
The channels on which a property is advertised depend on the selected service, package or sales assignment.
Where publication depends on an external property portal or other third party, publication remains subject to that party’s technical requirements, acceptance criteria, availability and policies.
Flex Estate cannot guarantee continued availability, ranking, visibility or acceptance by an external publication platform where those matters are outside Flex Estate’s reasonable control.
10. Viewings
For Self-Service customers, responsibility for viewings remains with the seller unless a separate viewing service has been purchased.
Under Sales Guidance, Flex Estate may organise, coordinate or conduct viewings when this forms part of the sales assignment.
Flex Estate does not guarantee that a viewing will result in an offer or transaction.
Prospective buyers remain responsible for assessing whether a property is suitable for them and for conducting any investigations they consider necessary.
11. Offers and Negotiations
Flex Estate may provide digital tools through which offers and related conditions can be submitted, recorded or displayed.
An offer made through the Platform does not automatically create a binding purchase agreement.
For Self-Service transactions, the seller remains responsible for assessing, accepting, rejecting or negotiating offers.
Where negotiation assistance forms part of a sales assignment, Flex Estate may communicate and negotiate on the seller’s behalf within the agreed scope of the assignment.
The seller retains the final decision whether to accept an offer unless expressly and validly agreed otherwise.
Flex Estate aims to record offers and relevant information accurately but cannot guarantee that a transaction will be completed merely because an offer has been made or accepted in principle.
12. Purchase Agreement and Transfer
Where included in Sales Guidance, Flex Estate may assist with coordinating the preparation and conclusion of the purchase agreement and the subsequent steps towards transfer.
Where specialist legal, notarial, financial or tax advice is required, customers should obtain advice from an appropriately qualified professional.
Flex Estate does not provide notarial, tax or regulated financial advice unless expressly stated and legally permitted.
The notarial transfer of property is carried out by the appointed civil-law notary.
13. Additional and Third-Party Services
Flex Estate may offer or coordinate additional services such as:
- professional photography;
- property measurements and floor plans;
- energy labels;
- cleaning;
- property presentation;
- specialist inspections or quick scans;
- valuation services;
- mortgage or financial services; and
- other property-related services.
The identity of the contracting party and the responsibility for a third-party service may differ depending on the service.
Where the customer contracts directly with an independent provider, that provider is responsible for performing its own service.
Where Flex Estate itself has expressly undertaken to deliver a service to the customer, Flex Estate remains responsible for its own contractual obligations even where a third party is used to perform part of the work.
Flex Estate is not responsible for circumstances caused solely by an independent provider outside Flex Estate’s reasonable control, except where applicable law or the agreement provides otherwise.
Any specific conditions applicable to an additional service will be communicated before purchase where required.
14. Packages, Prices and Payment
Prices and package contents are those displayed or agreed at the time the customer enters into the relevant agreement.
The applicable price will clearly indicate whether VAT is included or excluded where required.
Payment may be required in advance, in instalments, upon performance, upon completion or following a successful transaction, depending on the relevant service.
The applicable payment conditions will be stated during the ordering process, quotation or sales assignment.
A package gives the customer access only to the services expressly included in that package.
Additional work, additional revisions or services outside the agreed scope may be charged separately, provided the customer agrees to the additional service and applicable price.
15. Consumer Right of Withdrawal
Where a consumer enters into an agreement with Flex Estate at a distance, including online, the consumer generally has a statutory right to withdraw from the service agreement within 14 days, unless a statutory exception applies.
The withdrawal period for a service generally starts when the service agreement is concluded.
The consumer does not need to provide a reason for exercising this right.
Where a consumer expressly requests Flex Estate to begin providing a service during the statutory withdrawal period, Flex Estate may begin once the legally required consent has been obtained.
If the consumer subsequently exercises the right of withdrawal after performance has begun at their express request, the consumer may be required to pay a proportionate amount for the part of the service already performed, insofar as permitted by law.
If a service has been fully performed during the withdrawal period, the right of withdrawal may cease where the consumer expressly agreed to commencement and acknowledged in advance that the right of withdrawal would be lost following full performance, where the law permits this.
Flex Estate will provide consumers with the legally required information and method for exercising their right of withdrawal.
Nothing in this Article restricts any stronger right available to a consumer under mandatory law.
16. Cancellation and Termination
Cancellation of a Self-Service package, additional service or sales assignment is subject to:
- applicable statutory consumer rights;
- the stage at which the service has been performed;
- costs already reasonably incurred;
- commitments already made with the customer’s agreement; and
- any cancellation or termination arrangements contained in the specific quotation or sales assignment.
Flex Estate will not charge for work that has not been performed or costs that have not been incurred where the customer is legally entitled to cancellation without those charges.
For a Sales Guidance assignment, specific provisions regarding duration, termination, commission, costs already incurred and any consequences of a sale following termination may be included in the sales assignment.
Those provisions must be reasonable and comply with mandatory Dutch law.
17. Refunds
Refund eligibility depends on the service, the reason for cancellation, the work already performed and applicable consumer law.
Where a customer is legally entitled to a full refund, Flex Estate will provide that refund within the applicable statutory period.
Where work has already been validly performed at the customer’s request and the law permits Flex Estate to charge for that work, the amount attributable to the performed part of the service may be deducted or charged.
If Flex Estate is unable to provide a paid service for reasons attributable to Flex Estate and no reasonable alternative can be provided, the customer will be entitled to an appropriate refund for the part of the service not provided.
The fact that a property does not sell or rent does not by itself create a right to a refund for services that were correctly performed.
18. No Guarantee of Sale, Rental or Result
Flex Estate will perform agreed services with reasonable care.
However, the property market and decisions of buyers, tenants and other third parties are outside Flex Estate’s control.
Unless expressly guaranteed in writing, Flex Estate does not guarantee:
- that a property will sell or rent;
- a particular sale or rental price;
- a specific number of enquiries, viewings or offers;
- that a buyer will obtain financing;
- that an accepted offer will result in completion; or
- a particular period within which a transaction will take place.
This does not affect Flex Estate’s obligation to properly perform the services that were agreed.
19. Platform Accounts and Security
Users are responsible for keeping their login credentials secure and for activity performed through their account where reasonably attributable to them.
Users must notify Flex Estate promptly if they suspect unauthorised access.
Users may not attempt to interfere with the Platform, circumvent security measures, manipulate systems or use automated methods in a way that disrupts or abuses the Platform.
Flex Estate may take reasonable security measures, including temporarily restricting access where necessary to protect users or the Platform.
20. Platform Availability
Flex Estate aims to keep the Platform available and functioning properly.
Temporary interruptions may occur due to maintenance, technical failures, security measures, external providers or circumstances outside our reasonable control.
Flex Estate does not guarantee uninterrupted availability.
Where a paid service is materially affected for an unreasonable period due to a matter for which Flex Estate is responsible, we will seek an appropriate solution.
21. Suspension and Termination of Accounts
Flex Estate may suspend or terminate an account where there are reasonable grounds to believe that the user:
- materially breaches these Terms;
- provides fraudulent or deliberately misleading information;
- uses the Platform unlawfully;
- manipulates or abuses the offer or viewing system;
- infringes the rights of another person;
- threatens the security or operation of the Platform; or
- fails to make an undisputed payment when due after reasonable notice.
Where reasonably possible and appropriate, Flex Estate will give the user an opportunity to remedy a breach before permanent termination.
Suspension or termination does not remove rights or payment obligations that arose before termination.
22. Liability
Flex Estate is responsible for loss directly resulting from an attributable failure to perform its contractual obligations, subject to applicable Dutch law.
Flex Estate is not liable for loss resulting from:
- incorrect or incomplete information supplied by a user;
- decisions made independently by buyers, sellers, landlords or tenants;
- acts or omissions of independent third parties for whom Flex Estate is not legally responsible;
- circumstances outside Flex Estate’s reasonable control; or
- improper or unlawful use of the Platform by a user.
Flex Estate will not exclude or limit liability where such exclusion or limitation is prohibited by mandatory law.
Any contractual limitation of liability will be applied only to the extent that it is reasonable and legally permitted in the circumstances.
Nothing in these Terms excludes liability for intentional misconduct or deliberate recklessness by Flex Estate where such liability cannot legally be excluded.
23. Intellectual Property
The Flex Estate name, branding, website design, software, text, platform functionality and other materials created by or for Flex Estate are protected by applicable intellectual-property rights.
Users may not copy, reproduce, commercially exploit or systematically extract such material without permission, except where permitted by law.
By uploading photographs, descriptions or other content, the user confirms that they have the necessary rights or permission to use that content.
The user grants Flex Estate the rights reasonably necessary to display, process, distribute and promote the content for the purpose of providing the agreed service.
This permission ends when it is no longer reasonably required for the service, subject to legal record-keeping requirements and content already lawfully distributed to third parties.
24. Privacy and Personal Data
Flex Estate processes personal data in accordance with its Privacy Policy and applicable data-protection law.
Personal data may be shared with service providers or other parties where this is necessary to perform an agreed service, comply with a legal obligation or where another lawful basis applies.
Further information about the processing of personal data is provided in the Flex Estate Privacy Policy.
25. Complaints
If a customer believes that a service has not been provided as agreed, we ask that they contact Flex Estate as soon as reasonably possible so that the matter can be investigated.
Complaints can be submitted to:
info@flexestate.nl
Please include sufficient information to identify the relevant order, property or service and describe the issue.
Flex Estate will endeavour to respond within a reasonable period and seek an appropriate solution where the complaint is justified.
This complaints procedure does not affect a consumer’s statutory rights.
26. Changes to these Terms
Flex Estate may amend these Terms where reasonably necessary, for example because of changes to our services, Platform, business model or applicable law.
Changes will be published on the Platform with an updated effective date.
Changes will not retroactively alter an existing customer’s material contractual rights or payment obligations unless the customer agrees or the change is required by law.
Where an ongoing agreement is materially affected, customers will be informed where required by law or the agreement.
27. Governing Law and Disputes
These Terms and agreements with Flex Estate are governed by Dutch law.
The parties are encouraged to first attempt to resolve any complaint or dispute directly with Flex Estate.
Disputes may be submitted to the competent Dutch court in accordance with applicable law.
Nothing in these Terms deprives a consumer of any mandatory protection or right to bring proceedings before a court that is competent under applicable consumer law.
28. Contact Details
Flex Estate
Chamber of Commerce (KVK): 78059534
Website: flexestate.nl
Email: info@flexestate.nl
Telephone: 085 333 2978
Questions regarding these Terms or a Flex Estate service can be sent to the contact details above.
By entering into an agreement with Flex Estate or using the Platform, the user agrees to these Terms to the extent applicable to the service being used.
