Terms and Conditions

Translations clause

These general terms and conditions of sale may be translated into other languages for information purposes only. In the event of any discrepancy or inconsistency between the French version and any translated version, the French version shall prevail.

Article 1 – Introduction

1.1 Agreement
By virtue of the engagement, clients are deemed to have taken note of these general terms and conditions and to have accepted them, even if they conflict with their own general or specific terms and conditions. They shall also be deemed to have accepted them by the mere payment of the expert’s fees. Any modification of these general terms and conditions must be set out in writing and signed by the parties, and shall leave the remainder of these terms unchanged.

1.2 Severability clause
In the event that any provision of these general terms and conditions is held to be invalid, illegal, or unenforceable by a competent court, such provision shall be deemed unwritten, without affecting the validity of the remaining provisions, which shall continue to have full force and effect. The parties agree to replace the invalid provision with a new provision that most closely reflects the original intent of the parties, to the extent permitted by law.

1.3 Force majeure clause
The expert shall not be held liable for any failure to perform its contractual obligations if such failure results from a force majeure event, as defined under Belgian law, including but not limited to natural disasters, war, strikes, pandemics, fire, failure of telecommunications networks, endangerment of a person, or any other unforeseeable circumstance beyond the control of the parties. In the event of force majeure, the expert may suspend the performance of its services for the entire duration of the event, without any compensation being due. If the force majeure situation lasts for more than 3 days, the parties may agree to terminate the contract without compensation.

Article 2 – Contractual terms

2.1 Assignments
Due to the practical constraints of the profession, and in order to handle assignments with speed and flexibility, it is agreed that the respective rights of the parties may be established by any legal means, including but not limited to working documents, visit reports, meeting notes, telefaxes, emails, etc. If the engagement was concluded off-premises or through a distance contract, clients have a right of withdrawal, it being understood that they may no longer exercise this right once the expert has begun the assignment. Clients also lose their right of withdrawal if they have paid the full fixed amount before the start of the assignment. A client wishing to withdraw may notify the expert in writing of their decision to withdraw.

2.2 Quotes and validity
Quotes are provided upon written request (email, post, or any other agreed means). These quotes are valid for 14 days from the date they are communicated to the client. After this period, prices and conditions may be modified and a new quote may be issued.

Article 3 – Scope of the assignment

3.1 Rental property inspection
The expert’s assignment covers only the visible elements of the property, not hidden elements. Unless otherwise agreed, the expert is not responsible for investigating specific issues such as construction defects, difficulties in using certain equipment, problems accessing premises, meters located in inaccessible areas, etc. Statements by the expert indicating that equipment is functional are provided for informational purposes only. The safety, habitability, or sanitary condition of the property are not part of the expert’s assignment.

Clients will have a period of 15 days after the report is communicated to specify, correct, or supplement certain points or omissions. If no observations are submitted within this period, the report shall bind the clients irrevocably. Observations must be sent by email or registered mail to the expert and to any other relevant parties. It is at the expert’s discretion whether to consider these observations. This second inspection will be at the client’s expense. If the expert deems it necessary to take the clients’ observations into account, he will issue an addendum or notify by letter that they are accepted, in which case they will be considered an integral part of the report.

3.2 Pre-work inspection / Inventory / Provisional acceptance
The expert reserves the right not to attend the site or a part of the site if access or circulation is unsafe. Observations are made solely visually and within the area designated by the parties present. The expert will inform the clients if additional investigations are necessary, for example, to confirm or rule out defects, provide remedies, or check certain points that require dismantling parts of the building or inspections beyond the initial visual assessment. In such cases, the expert may advise clients to consult specialists. No topographical survey is included, and any measurements are provided only as approximate indications within the scope of this assignment.

3.3 Property appraisals / Evaluations
The examination of the property is conducted as part of a standard value appraisal and will be limited to an apparent inspection of the elements, without moving furniture or performing in-depth pathological or structural studies. The expert is not required to consider elements that are not visible or are hidden due to poor lighting or clutter. The report does not constitute an asbestos inventory, even if a suspicion is noted. Additional analyses requiring on-site sampling are not included in this assignment. Any sketches or diagrams in the report should be considered as expert sketches and not precise surveys. Measurements are intended only to indicate the general configuration approximately. Unless otherwise stated, values will not take into account variations in area, nor hidden defects that the property may have. The appraisal is made subject to compliance with urban planning regulations, laws relating to soil contamination, and temporary or mobile construction sites. Clients may request the expert, if he agrees, to oversee additional specific investigations, for example, for a more detailed diagnosis.

Article 4 – Limitation of qualifications

The real estate expert assumes liability only within the scope of the assignments described in these General Terms and Conditions of Sale. He acts in his capacity as a real estate expert, in accordance with the applicable Belgian regulations, and not as a sworn land surveyor, a regulated profession to which he does not have access. Consequently, services reserved for sworn land surveyors, such as topographical surveys or cadastral boundary determinations, are not included in the services offered.

Article 5 – Payment terms and late payment penalties

5.1 Fee due
The expert’s fees are payable upon signing of the engagement. Clients, jointly and severally liable, are required to pay the fees regardless of the content of the report prepared by the expert, including in the event of withdrawal or renunciation by one or more clients. By signing the engagement, clients confirm that they have read and accepted the fees as set out in the attached document.

5.2 Payment methods
Invoices issued by the expert are payable immediately upon receipt, either in cash at the registered office or by bank transfer to the account details indicated on the invoice. Any amount not paid within the deadlines shall be considered unpaid and may incur penalties.

5.3 Late payment and penalties
In case of late payment, a first reminder will be sent free of charge. If payment is not made within the period specified in this reminder, clients will owe late payment interest in accordance with the Belgian law of 2 August 2002 on combating late payment in commercial transactions.

• €20 if the outstanding balance is less than or equal to €150;

• €30 plus 10% of the amount due on the portion between €150.01 and €500, if the outstanding balance is between €150.01 and €500;

• €65 plus 5% of the amount due on the portion above €500, with a maximum of €2,000, if the outstanding balance exceeds €500.

5.4 Reminder fees
Each additional reminder will incur a reminder fee of €7.50, to which the postage costs applicable at the time of sending will be added.

5.5 Joint liability of clients
All clients who sign the engagement are jointly and severally liable for the payment of fees and any additional costs. This means that each client may be required to pay the full amount due in the event of default by the other signatories.

Article 6 – Confidentiality

The expert undertakes to maintain the confidentiality of all information, data, and documents provided by the clients or of which he becomes aware in the course of his assignment. This information shall not be disclosed to any third party without the clients’ prior written consent.
However, this commitment does not apply:

• When disclosure is required by law, a judicial decision, or a request from competent authorities.

• Information that is already public or accessible at the time it was communicated to the expert.

• Information received from a third party legitimately and without a confidentiality obligation.

The expert also undertakes to take all necessary measures to protect clients’ information against any unauthorized access, in accordance with applicable regulations, including the General Data Protection Regulation (GDPR). This confidentiality commitment remains in effect for a period of five years after the end of the assignment, unless otherwise required by law.

Article 7 – Intellectual property

Unless otherwise expressly agreed in writing, the expert remains the exclusive holder of the intellectual property rights related to his work, including, but not limited to, copyright, database rights, sketches, reports, and other documents or productions created within the scope of his assignment.

Clients are granted a personal, non-exclusive right to use the expert’s work solely within the scope and for the purposes set out in the engagement. Any reproduction, modification, distribution, or commercial or other exploitation outside this scope is strictly prohibited without the expert’s prior written consent.

Clients agree to hold the expert harmless from any claim or action brought by a third party arising from the use of the expert’s work under conditions that are not in accordance with these terms or that infringe third-party intellectual property rights.

The expert cannot be held liable for any unauthorized or improper use of his work by clients or third parties.

Article 8 – Telephone consultation

6.1 Appointment booking
Clients can book a telephone consultation for real estate advice via the website. The booking is confirmed once the client has completed all the necessary steps to finalize the reservation. A confirmation email will be sent to the client. The expert will contact the client within three days following the consultation order. If the client is unavailable at the time of the call, they may request to reschedule the consultation for a more convenient time by agreeing on a new time slot with the expert.

6.2 Consultation cost
All telephone consultations are payable unless otherwise indicated on the website. The applicable fee for each consultation is clearly stated during the online booking. Payment is due immediately at the time of booking, by credit card or any other payment method offered on the website.

6.3 Cancellation or modification
The client may cancel or modify the telephone consultation free of charge, provided this is done at least 2 days before the scheduled date. In the event of the client’s no-show without prior notice, the consultation fee will remain due. If the client is unable to answer the expert’s call during the scheduled period, for any reason, they may request a refund in writing or by email.

6.4 Liability
The expert undertakes to be available for the telephone consultation. However, in case of force majeure, technical problems, or unforeseen impediments, the expert will offer a new time slot or, if necessary, a refund of the amount paid.