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9,5/ Reviews

Liability for estate agents

For an estate agent a claim almost always starts with a figure or a sentence: the floor area quoted, or the defect that was not in the brochure.

  • several insurers compared objectively
  • 9.5 customer rating for a new policy
  • AFM licence 12016589
  • Personal 072 - 509 24 56, weekdays 9–17

This page in another language: Nederlands

Work out for yourself what it would cost.

  • We compare the offerings of several insurers
  • An adviser checks whether the cover suits your activities
  • We arrange the switch, including cancellation

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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.

  • Independent advice
  • Several insurers
  • Switching arranged
  • Help with claims

In brief

Your liability revolves around information. The number of square metres you state must be determined in accordance with the measurement instruction based on NEN 2580; if that is wrong, the buyer can claim the difference. That is pure financial loss: nothing is damaged and nobody is injured, but too much has been paid. Ordinary public and employers' liability insurance excludes that, so you need professional indemnity cover.

You also have a duty of disclosure about defects you knew of or, as a professional, ought to have known of. The buyer's duty to investigate does not remove it. The two exist side by side. If you deliberately conceal something, that is no longer a mistake but intent, and Article 7:952 of the Dutch Civil Code keeps that outside the cover.

Also outside the policy: your commission that a client reclaims, a fall in value due to the market, fines, and damage to homes whose keys you hold. The latter you have in your care and that is excluded as standard. See also liability in property.

Independent, personal, sorted quickly

We compare your personal liability insurance (AVP) across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.

Arranging personal liability insurance (AVP) through Finass VerzekertPersonal liability insurance (AVP)
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What does liability cover for estate agents?

The structure of the cover in three parts, with an overview per situation below.

The basics

Liability

AVB for property damage and injury, BAV for professional errors.

  • Damage to third parties
  • Employers' liability
  • Care, custody and control as an extension
Your business

Assets and continuity

Business contents, goods and lost turnover during downtime.

  • Business contents at replacement value as new
  • Goods at cost price
  • Business interruption or additional costs
If you employ people

Staff

Sickness absence, accidents and the traffic risk.

  • Continued pay for 104 weeks
  • Group personal accident
  • WEGAS for traffic risks

What is covered

SituationAVBBAVCyber
Injury to a visitor or customerYesNoNo
Damage to a client's propertySometimesNoNo
Financial loss caused by an advisory or calculation errorNoYesNo
Downtime after a ransomware attackNoNoYes
Data breach involving personal dataNoSometimesYes
Damage to property in your careNoNoNo

This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.

What does your premium depend on?

  • Type of agency work. Residential, commercial property or agricultural work produce a very different claims picture.
  • Valuations or not. Valuation work also affects lenders and is therefore assessed as a separate and heavier risk.
  • Number of transactions per year. More files means more moments at which a statement or a disclosure can go wrong.
  • Key holding and empty properties. Managing properties with no occupants brings a care, custody and control risk that is weighed separately.
  • Sum insured and retroactive cover. A sale from years ago can still produce a claim today; retroactive cover determines whether it counts.
  • Number of employees. You are liable for the mistakes of your staff under Article 6:170 of the Dutch Civil Code.

Insurers weigh these details differently. That is where your saving is.

How we arrange it

  1. You request a quoteWe take stock of your activities, turnover and wishes.
  2. We compareseveral insurers, on premium as well as conditions.
  3. You receive a proposalWith an explanation of the differences and the exclusions.
  4. We arrange the switchIncluding cancellation, so there is no gap in cover.

Request a quote

Why arrange it through Finass Verzekert?

We look at the terms as well as the premium, and stay your point of contact when there is a claim.

Independent

We are not tied to one insurer and compare on the basis of an objective analysis of several companies.

One fixed adviser

You call or email someone who knows your file. No menu options, no changing call centres.

Switching without hassle

We cancel your old policy and align the start date, so you are never a day without cover.

Help with claims

We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.

9.5New policy
9.8Claims handling

Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.

View the reviews at NH1816 · all reviews on our site

Where things go wrong in practice

Four points that make the difference between a policy that pays out and one that does not.

Floor area is a claim in its own right

The measurement instruction sets out how usable floor area is determined: which rooms count, which do not, and how sloping roofs and storage areas are treated. If your figure departs from it, that is a measurable error with no room for judgement. Have measurements taken by a party that works to the instruction, keep the measurement report in the file and state in your texts what the figure is based on.

What you ought to have seen as a professional

The buyer has a duty to investigate, but that does not remove your duty of disclosure. Visible cracking, damp patches, an extension that looks irregular or a roof in poor condition: if you ought to have noticed that as a professional and did not report it, it is for your account. Record for each viewing what you observed, what the seller said and what you passed on. Refer to a structural survey where you cannot judge matters yourself.

Valuing is a different capacity from acting as agent

In agency work your client is the person instructing you. In a valuation a third party also relies on it: the lender that grants credit on the basis of your figure. If the value turns out not to hold up, that lender can hold you liable. On many policies valuation work is a separate capacity, which you have to have included expressly. If you do both, check that both are on your policy schedule and up to what sum.

Keys mean responsibility

If you hold the keys to an empty home, hold an open house or let viewers walk around, you have those premises temporarily in your care. If there is a leak, theft or vandalism, that is one of the standard exclusions on liability insurance. Ask for care, custody and control cover, keep track of who was given which key, and agree with the owner who arranges supervision and insurance while the property is empty.

Frequently asked questions

This is what people ask us most.

Am I liable for an incorrect floor area?

Often yes. The measurement instruction based on NEN 2580 is a standard against which your figure can be tested objectively. There is little room for judgement. If the actual usable floor area differs, the buyer can claim the loss. Have measurements taken to the instruction, keep the report and state in the brochure what the figure is based on. That reduces both the chance of a claim and its size.

Is my valuation work automatically covered?

Not automatically. The policy states a described capacity, and agency work and valuation are often listed separately, each with its own sum insured. If you do both, have it checked that both are on the policy schedule. With valuations a lender can also hold you liable, and those claims run up to the difference between the value assessed and the value realised.

The seller concealed a defect from me. What then?

That helps you, but it does not release you from your own duty to observe. What you ought to have seen as a professional remains your responsibility. What the seller actively concealed and you could not reasonably have noticed is for their account. That is why the questionnaire the seller completes and signs matters: keep it, with the date, and note what you observed yourself.

Is damage in an empty home whose key I hold covered?

Not as standard. Property in your care falls under the care, custody and control exclusion, and that includes premises for which you hold the keys. A leak, theft or vandalism while the property is empty cannot then be claimed on your liability insurance. Ask for care, custody and control cover and agree with the owner who keeps the buildings insurance in place while the home is empty.

Ready to compare?

Request a quote without obligation. We will look at which insurer best matches your activities and your risk.

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Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.

About our service

Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.

You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.

This page was compiled by Finass Verzekert (LinkedIn). Last updated on .

The information on this page is general in nature and is not personal advice.