User Agreement

1. Our services — and when we act for you

Bonaire Brokers offers three services, each with one fixed fee:

• For Sale By Owner — 0.5%. You sell your property yourself with our listing tools, contract generator, viewing calendar, and exposure on the Platform (sections 6–11). For this service we do not act as your broker or makelaar, do not negotiate or represent you, and give no valuation, legal, or tax advice.
• Premium Listings — 1.5%. A broker from our team handles your entire sale and acts for you as the seller (section 12).
• Buyer Assistance — 1%. We support you through a purchase and act for you as the buyer (section 13).

Outside a Premium Listing or Buyer Assistance engagement, we provide the Platform and its tools only. Decisions about price, terms, and whether to buy or sell are always yours, and we are not a notary, lawyer, appraiser, or tax adviser: take independent legal, notarial, and tax advice where you need it.

2. Who this covers — and what it costs

Property costs on Bonaire normally work like this: on a purchase the buyer pays the buyer's costs (kosten koper) — notary fees, transfer tax, and, on a brokered sale, the broker's commission. Our fees fit that pattern, and each is a fixed percentage — far less than a traditional broker commission.

• FSBO sellers — 0.5% (sections 7–10); using our contract generator you choose whether you pay it or it forms part of the buyer's costs. Nothing is owed if your property does not sell.
• Premium Listing sellers — 1.5% (section 12), on the same terms: due only if your property sells, and charged to one side only.
• Buyer Assistance clients — 1% of the purchase price (section 13), due only if you buy.

3. Your account & information

You must be at least 18 and able to enter a binding contract. You agree to give accurate, current information and to keep it up to date, to keep your login secure, and to be responsible for activity under your account. You may close your account at any time by contacting us.

4. Using your data — your consent

To provide the services you ask for — searching, saving listings, recommending properties, and connecting you with brokers and sellers — we need to process personal data such as your name, contact details, preferences, and messages. We do this in accordance with the Wet bescherming persoonsgegevens BES (Wbp BES) and our Cookie & Privacy Notice, which explains what we collect, why, how long we keep it, and your rights.

Where we rely on your consent for a specific purpose — for example optional analytics, personalised recommendations, or marketing messages — your agreement here, and the choices you make in the cookie notice and your account settings, are that consent. Your consent is given freely for specific purposes, and you can withdraw it at any time by adjusting those settings or contacting us at info@bonaire-brokers.com; withdrawal does not affect processing already carried out. We do not sell your personal data.

5. Buying through the Platform

Listings are provided by brokers and sellers, and may not be accurate, complete, or current. We do not verify them and they are provided for information only. We are not a party to, and take no responsibility for, any negotiation, agreement, viewing, or transaction between you and any seller or broker — unless you have engaged us for Buyer Assistance (section 13), in which case we act for you as set out there. Always verify the facts and take independent professional advice (a makelaar, surveyor, notary, lawyer, or tax adviser) before you commit to buy. See sections 4 and 12 of the Terms of Service.

Buyer's costs can include our fee. When you buy a For Sale By Owner property through Bonaire Brokers, you agree that a fee of 0.5% of the sale price forms part of the buyer's costs (kosten koper) and is payable to Bonaire Brokers at completion, normally settled through the notary alongside the other buyer's costs — unless the seller has agreed to bear it (section 9). This 0.5% takes the place of a traditional broker's commission. On a Premium Listing our 1.5% forms part of the buyer's costs in the same way, unless the seller has agreed to bear it (section 12). When you buy a property listed by another broker you pay that broker's own commission as part of your buyer's costs in the usual way and owe Bonaire Brokers nothing, unless you engaged us for Buyer Assistance (section 13).

6. The FSBO service (sellers)

If you list a property yourself through the FSBO service, you publish and manage your own listing and deal directly with interested buyers. We provide the listing tools and exposure on the Platform; we do not act as your broker or makelaar, do not negotiate or represent you, and give no valuation, legal, or tax advice. You are responsible for the accuracy and legality of your listing, for owning or being licensed to use every photo and description you upload, and for complying with all applicable laws (see section 6 of the Terms of Service, which applies to your listing content in full).

7. FSBO success fee — 0.5%

For the FSBO service a single fee of 0.5% of the Gross Sale Price (defined in section 8), plus any applicable Bonaire turnover tax (Algemene Bestedingsbelasting, ABB), applies if your property sells. By default it forms part of the buyer's costs; section 9 sets out who pays it. There is no fee to list, and no fee if the property does not sell.

The fee is earned when a binding purchase agreement (koopakte) for the property is signed with a buyer who was introduced to, found through, or who inquired about the property via the Platform during the period it was listed. The fee becomes payable on or before the date of the notarial deed of transfer (leveringsakte). On Bonaire a signed koopakte is binding; please obtain professional advice before signing.

8. How the fee is calculated

The "Gross Sale Price" is the total price for the property stated in the koopakte, in US dollars, excluding transfer tax (overdrachtsbelasting), notary and registration fees, and other closing costs. If part of the consideration is non-cash (for example included movable property or an offset of debts), we will agree a reasonable US-dollar equivalent in writing before calculating the fee.

9. Who pays the 0.5% — buyer's costs or seller

By default the 0.5% forms part of the buyer's costs (kosten koper): the buyer pays it to Bonaire Brokers at completion, normally settled through the notary alongside the other buyer's costs, in place of a broker's commission. A buyer who buys an FSBO property through the Platform agrees to this when they use Bonaire Brokers (section 5).

When you prepare your sale using our contract generator, you (the seller) may instead choose to pay the 0.5% yourself, or to leave it as part of the buyer's costs. Whichever you choose is recorded in the sales agreement. We charge this fee to one side only — never to both the buyer and the seller for the same sale.

The fee is due on a completed FSBO sale however it is allocated. If the party designated to pay it does not pay at completion, you, as the FSBO seller who used our service, remain responsible for it. You agree not to structure a sale so as to avoid or reduce the fee.

10. Protection period

If your FSBO listing ends or this Agreement is terminated, the success fee still applies if a binding koopakte for the property is signed within 18 months afterwards with a buyer who was introduced through the Platform, or with whom you or the Platform were in contact about the property while it was listed — unless another licensed intermediary genuinely introduced that buyer. When your listing ends, we will, on request, give you a written list of the buyers introduced through the Platform so it is clear which ones the protection period covers. This protects against a listing being withdrawn only to complete the same introduced sale fee-free; it is not a continuing obligation to use the Platform.

11. Cancelling & withdrawing your listing

You may cancel the FSBO service free of charge within 14 days of accepting this Agreement, as long as you have not asked us to publish your listing before then. If you ask us to publish it within those 14 days, you accept that we begin providing the service immediately. After that, you can withdraw your listing at any time; doing so does not, by itself, end the protection period in section 10. No success fee is due unless and until a sale completes under sections 7–10.

12. Premium Listings — 1.5%

With a Premium Listing, a broker from our team handles your entire sale and acts for you as the seller. It includes everything in the FSBO service (section 6), and in addition: we run your showings, prepare an expertly drafted sales agreement and coordinate with the notary, research the Kadaster record and sales-agreement details, and guide you through to the notarial transfer. Our Kadaster and sales-agreement research is orientation drawn from public sources, not legal advice; the notary executes the transfer.

The fee is 1.5% of the Gross Sale Price (section 8), plus any applicable ABB. It is earned when a binding koopakte for the property is signed and payable on or before the leveringsakte; nothing is owed if the property does not sell. Who pays it works as in section 9: by default it forms part of the buyer's costs, you may choose to pay it yourself, and it is charged to one side only. The protection period in section 10 and the cancellation terms in section 11 apply to a Premium Listing in the same way.

You can upgrade an FSBO listing to a Premium Listing at any time. The 1.5% then replaces the 0.5% FSBO fee — we never charge both on the same sale.

13. Buyer Assistance — 1%

With Buyer Assistance, we act for you as the buyer. We research the property for you — the Kadaster record (ownership, tenure, boundaries), VvE documents, permits, and outstanding charges — give you an independent market opinion of its value, support you in negotiating, and guide you through the purchase to the notarial transfer. Our research is orientation drawn from public sources, not legal advice, and our market opinion is not a formal valuation (taxatie); the notary executes the transfer.

The fee is 1% of the purchase price of the property you buy with our assistance, calculated as the Gross Sale Price in section 8, plus any applicable ABB, and payable by you. It is earned when you sign a binding koopakte for that property and payable on or before the leveringsakte; nothing is owed if you do not buy. If the property is one we are also selling for its owner as a Premium Listing, we will tell you before we start, and you may decide not to use Buyer Assistance for that property.

14. Liability

Our liability to you is limited as set out in sections 12–14 of the Terms of Service, to the maximum extent permitted by applicable law, and subject to any rights you have under mandatory consumer-protection law that cannot be excluded. We are not responsible for the acts or omissions of any buyer, seller, broker, notary, or other third party.

15. Changes, governing law & contact

We may update this Agreement; we will change the effective date above and, for material changes, give notice on the Platform or by email. This Agreement is governed by the law applicable in Bonaire, Caribbean Netherlands (including the Burgerlijk Wetboek BES and the Consumentenbeschermingsverordening BES), and disputes fall to the competent court for Bonaire (the Gerecht in eerste aanleg van Bonaire, Sint Eustatius en Saba), without depriving you of any mandatory consumer protection. Questions? Contact Bonaire Brokers b.v. at info@bonaire-brokers.com or +599 795 77 77.