Before all, if you sell with us we enter into this business agreement:
If you put your property for sale with us or make use of our third party contacts, you automatically agree with these sales conditions. If you do not agree, please do not continue with us.
Our part of the deal is to find a client, and therefore we invest our own money to promote and advertise your property in a large number of very expensive property portals, we come to you to see the property and the paperwork, take pictures and we will tell you what we think the sales value is, we invest our time, we make and publish various websites, bring clients for property viewings and take care of all paperwork, instruct technical architects, solicitors and notaries, and all persons needed to make a sale succesfull. We check the cadaster and IBI, we take care clients have a NIE number and a bank account so they are able to buy and pay for your property. We do the planning and the timing and many other things that make a sale go hassle free for you. All this costs you nothing, everything is free, as we only get paid when we sell a property.
Your part of the deal is to provide us with all information and legal documentation we need to advertise a property or to complete the sale. To give us access to the property and, or, leave us keys whenever we need access to show the property to a client.
The documentation we need from you are;
- THE ESCRITURA (DEEDS), we want to see it or have a copy.
- A COPY OF THE LATEST IBI PAYMENT (COUNCIL TAX), we want to see the catastral value.
- A COPY OF THE EPC (ENERGY PERFORMANCE CERTIFICATE).
- A signed intake agreement so we can legally sell the property.
Previous version 05-03-2015
TERMS OF SALE
Conditions of sale of Cuevas-Spain Real Estate, hereinafter referred to as The Real Estate Agency.
AREA OF REAL ESTATE
We dedicate ourselves on the sale and promotion of real estate in the area ALTIPLANO DE GRANADA. Mostly focused at the villages and aereas around the village Huescar.
THIRD PARTY LIABILITY
We work closely with independent third parties, specialists in various disciplines of documentation, legal issues, counseling NIE numbers, insurance, construction, renovation, earthworks, engineering measures, architecture, fountains drilling, energy efficiency certificates, solar and wind energy, insulation and heating, plumbing, electrician, forging, carpentry, construction of swimming pools, landscaping, decoration and furniture, advertising and so on. A client can make use of our knowledge and contacts of third parties, but any agreement is BETWEEN clients and third parties and are the sole responsibility among the third parties and the client. The real estate agency can not be held responsible for the activities and expenditures of third parties.
DEPOSIT, COMMISION, NO EXCLUSIVITY
We have an intensive marketing and keep a high level of service to our customers, and our estate agency work is completed, and we are paid by the seller, after we have a sales agreement by phone, by email, fax, letter, or other ways of communication and a private sales contract is signed by the buyer and the seller. We can receive the deposit on behalf of the seller. The completion of the sale is done by the buyers lawyer. We do not need exclusivity in a sale, meaning a seller is free to sell to or with any other client or agency, except sell to clients who came through our Real Estate Agency. With a sale to a client submitted by our Real Estate agency, the full commission is due to us and we can legally make the claim of the commission from the sale and all juridicial and extrajuridicial costs that might result from such claims are for the seller.
Method of payment of the deposit, sales price and the commission, will be done by bank.
ADVERTISED SALES PRICE
We comply market prices in our advertising, and can also lower the selling price without notice to the seller when a lower price is published elsewhere. The seller is responsible for the accuracy of the listed information and has to give us notice of all changes in time.
COMMISSION OF THE ESTATE AGENCY
Our Fee is 3% over the sales price with a minimum of 3.000 Euro. Our fee can increase with 1% from 2017. The commission is included in the advertised sales price. The VAT is included in the fee. A buyer does not pay any commission to us.
SHORT INFORMATION REPORT
We conform us to the DIA (Short Briefing Paper, DECREE 218/2005) approved by the Ministry of governance of the Junta de Andalucía on consumer information in the sale and rental of housing. You have access to a copy of the relevant information sheet for a property at our office in Huescar.
Protection of personal data - You may at any time request a copy of the data we have in use from you. We store this information in a database. We use the data only for the purchase or sale of the property.
ENERGY PERFORMANCE CERTIFICADE (EPC)
The Real Estate Agency is making efforts to ensure that all the properties in our portfolio fulfill the rules of energy performance certificate. An EPC will be provided before a Notary by the vendors of the property. Any seller who refuses to provide this document will be removed from our portfolio. The Real Estate Agency is not responsible for fines if seller does not comply with this regulation.
You are responsible for all fines, if you decide not to take an EPC.
The real estate agency is not responsible for any fines to the seller for not complying with this regulation. You also agree to pay the fines imposed on Cuevas-Spain for breach of the law relating to EPC regarding your property if you decide not to take an EPC and advertise it anyway via Cuevas Spain Real Estate. You have signed for this responsibility on the intake sheet.
THE PRICE ON THE WEBSITE
The advertised price does not include expenses or taxes. The advertised price is the salesprice including the agencies fee.
Additional costs for the buyer are:
Costs for a solicitor, Transfer Tax (ITP - 8% to 400,000 Euro, 9% from 400,000 to 700,000 Euro and 10% from 700,000 Euro), A.J.D. Actos jurídicos Documentados, approximately 1.5% to 2% of the purchase price for costs of registration in the register of property and the notary commission. Sometimes costs for measuring the plot or the house for changing the description in the new deeds and new registry.
Additional costs for the seller are:
For tax Increase in Value of Urban Land (former Plusvalia), and the expenses for the Energy Efficiency Certificate. Sometimes for measuring the plot or the house for changing the description if the deeds or catastral reference are not accurate. And if there is no deed, sometimes also for the first deed.
AGREEMENT ORDER OF SALE
About this agreement govern the Spanish laws. Any changes to these terms will be published on this page on internet without previous notice. The seller agrees automatically to these terms of sale when we publish your property on our websites.
Cuevas-Spain Autonomo ®X7170803R Registered in the Commercial Register of Granada.