Legal information
Terms and conditions of purchase and sale
Scope of the contract:
These conditions apply to CLIKALIA products/services relating to the purchase and sale of real estate, whether direct or intermediated according to the group company that carries out such activity (CLIPISO DESARROLLO SLU, CLICPISO REAL ESTATE II SLU, DBF INVESTMENTE I SL, DBF INVESTMENT II SL, DBF INVESTMENT III SL, DBF INVESTMENT IV SL, DBF INVESTMENT V SL, DBF INVESTMENT VI SL, DBF INVESTMENT VII SL, DBF INVESTMENT VIII SL, DBF INVESTMENT IX SL, DBF INVESTMENT X SL), and are aimed at an audience over 18 years of age.
General and object of the contract:
clikalia.es is the website of the companies that make up the CLIKALIA group with registered office at Calle Álvarez de Baena, 2, Madrid Postal Code 28006. Please read the terms and conditions of the service carefully to be informed of the rights and obligations of users of the service offered by this means. The validity of these terms and conditions will be recognized in a binding manner by the user at the time he or she decides to use the service. These general terms and conditions of use (hereinafter referred to as "Terms and Conditions") apply when using the services of our website. By using our services, you agree to these Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time and without the need to inform you of the reason.
"Sell your house" / Online valuation
Our website allows users to enter certain information about a property into our appraisal form in order to obtain an online valuation of the property.
The online valuation is free of charge and serves only to receive guidance on the purchase price of the property. The result of this online assessment (merely indicative) will be communicated to the user of the service. This notification will be made by telephone and/or by email with an indication of the valuation range. If the client accepts the estimated price range, a date and meeting point will be set, in agreement with the user of the service, to proceed with the visit and inspection of the property by a member of our team of experts (hereinafter, "Certifiers"). The online valuation referred to in the previous paragraph is in no case an offer to sell or buy binding on either party. Once the report has been prepared by the certifier, the user of the service will be notified, by telephone and/or electronically, about the final final valuation of the property subject to certification.
The user of the service will have a period of 48 calendar hours to accept this offer. Such acceptance must be recorded for the purpose of confirming the will. Once the offer has been accepted, the user and CLIKALIA will have a period of 3 working days to sign the deposit contract. The amount of these deposits will be 5% of the total price, unless the parties agree otherwise.
If after the period of three days indicated in the previous paragraph, the contract has not been signed, CLIKALIA may withdraw without penalty or compensation to the counterparty.
The legal process of sale will be carried out offline and will end with the execution before a notary of the public deed of sale.
"Buy a house" / User offers
Users, through our website, will also be able to submit offers for the products provided by the CLIKALIA group in the "Flats for Sale" tab; such offers may be accepted by CLIKALIA, within 72 hours. CLIKALIA is under no obligation to accept the offer made by the user.
Regardless of the amount of the offer, (whether it is the same, lower or higher) than the estimated published price, it will not be mandatory or binding on CLIKALIA until it expressly notifies the user making the offer of its acceptance.
In order to be able to submit an offer, the offering user must in any case previously accept the specific Terms and Conditions of the Service, which shall be fully applicable together with these General Terms and Conditions.
The entire legal process of selling flats is carried out offline. The prices that appear at the bottom of the photograph of each property are not final sale prices, but indicative of CLIKALIA's internal valuation and not binding for it.
This amount does not include notary fees, taxes, fees, appraisals or payments to third parties. The user accepts, understands and is aware that these payments or expenses may be required, in the event that this has been agreed between the parties, or is required by current legislation.
Once the acceptance of the offer by CLIKALIA has been communicated to the offer made by the offering user, the latter must sign the purchase contract within 72 hours with the mediation of penitential deposit with CLIKALIA, under the terms of these conditions and the particular conditions previously accepted when making the offer by the user.
By accepting these terms and conditions, users accept and understand that in the event that action is necessary to carry out the order, mandate or contract and the fulfilment of the obligations arising from it, CLIKALIA, as the case may be, may carry out the necessary actions for this purpose by invoicing the respective costs to the other party/and/or user. that they are legally in their position.
In the case of flats that are marketed under the "Virtual/3D Tour" mode or other special promotions, their specific terms will be applicable insofar as they do not contradict those set forth herein. In particular, any discounts or promotional concessions will only be applicable if the amount of the client's offer is equal to the amount of the web publication price of the property.
If you would like more information about the process described here, relating to the sale of any of our properties, you can send an email to hola@clikalia.com, and we will contact you as soon as possible.
By signing this offer, it will be governed by the following particular conditions that you accept and will be applicable to you in relation to the service:
• Proceed to sign and send a purchase offer for the price you consider and on the property at the address indicated in the project file.
• The presentation of the purchase offer is subject to the payment of one thousand euros (€1,000) by credit/debit card.
• CLIKALIA is not obliged to accept the offer. CLIKALIA will have a period of 72 hours to analyse and assess the purchase offer, and if it is not accepted, it will refund the amount paid.
• In the event that CLIKALIA accepts your offer, a representative will contact you to formalise the purchase contract with the mediation of penitential deposit on the property subject to the offer, which must be signed (at the accepted price) within a maximum period of 72 hours from the communication of acceptance. In the event that the contract is not signed within this period, the amount paid for the realization of the offer by the user will be lost.
• In addition, the CLIENT buyer whose offer has been accepted must send the form provided by CLIKALIA in relation to the file for the prevention of money laundering and terrorist financing (the "AML file") correctly completed within the 72-hour period set for the signing of the deposit contract; if the customer fails to comply with this obligation at the end of the aforementioned period of 72 hours, he/she will lose the amount paid as a reservation and CLIKALIA will not be obliged to sign the deposit contract.
The penitential deposit contract or, if accepted by Clikalia, the direct deed will always be formalized in accordance with the following essential conditions:
• The selling party sells the property to the buyer who buys and accepts the property as a certain body except where appropriate the security alarm that was installed on the property, the Anti-Occupation Security Door, Anti-Occupation Panels and other security systems different from the above, in which case the following paragraphs will apply; In addition, the property is sold with as many rights, uses and services as are inherent and ancillary to it, in the conditions and physical, legal, urban, cadastral, registry, conservation, maintenance, occupational and charges and affectations that the buyer declares to know and accept, being up to date with the payment of the taxes that affect the property of which the seller is a taxpayer, expenses for supplies and ordinary fees of the Community of Owners owned by the seller that affect the property as of the date of this contract in accordance with current legislation. In addition, the sale is made with the lock in the state in which they are found that the buyer has seen and accepts; The buyer is offered the possibility of changing the lock/cylinder for the respective price agreed upon by the parties.
• The Anti-Occupancy Security Door or PAO, Anti-Occupancy Panels and other temporary security systems that may be installed in the property are security measures contracted by the selling party and are not part of this contract. Once the public deed of sale has been executed, the selling party shall coordinate with the purchasing party the uninstallation of the PAO and the other security systems, if any, in the same state and situation in which they were delivered by the selling party; It will be the full responsibility of the purchasing party if a private door is available to replace it. The security measures provided for in this paragraph have a daily cost that will be borne by the purchasing party from the day after the deed is signed until its uninstallation.
• The temporary security systems that may be installed on the property are security measures contracted by the selling party and are not part of this contract. Once the public deed of sale has been granted, the selling party will coordinate with the buying party the uninstallation of the security systems, if any, in the same state and situation in which they were delivered by the selling party. The security measures provided for in this paragraph have a daily cost that will be borne by the purchasing party from the day after the deed is signed until its uninstallation.
• The buyer may choose, in the event that there is a security alarm, Anti-Occupancy Security Door or PAO, Anti-Occupancy Panels and other security systems, in the apartment for:
a) keep any of the security systems described, with several or all of them, being responsible for their cost and fees, authorizing the buyer to the seller to transfer the data that may be necessary, only for this purpose; or b) undertakes to provide the seller, in the event that it has not been removed on the day of signing the deed, the removal of the alarm and the rest of the security elements within 15 days of signing, collaborating actively and in good faith for its removal, attending to the technician who attends for the removal on the day and time indicated by the seller, notifying him or her 48 hours in advance, and proceeding to the removal only from Monday to Friday during business hours.
10 calendar days before the date of signing the deed, and reliably by email, the buyer must inform the seller which of the two previous possibilities it chooses, otherwise it will be understood that it has opted for option b).
• The appliances and furniture that, if applicable, are in the property will not be included in the object of this contract nor will they be transferred together with the ownership of the same and the selling party may remove them at any time. The buyer will collaborate with the seller to proceed with the removal of the appliances and furniture, if the latter is unable to remove them prior to the execution of the public deed of sale.
• That, in relation to the occupational status of the dwelling, it will be delivered free of occupants; notwithstanding the foregoing, in the event that the property subject to this contract is illegally/illicitly occupied by a third party and has not been evicted/evicted with TEN (10) calendar days prior to the end of the term for the execution of the public deed of sale, the purchasing party may choose between an automatic extension of the term for the formalization of the public deed of sale for a period of THIRTY ( 30) calendar days or terminate this contractual relationship by receiving from the seller the amount given as a deposit and without further liability for any of the parties.
In the event that the buyer has opted for the automatic extension of the term, if the occupant without title has not been evicted/evicted, once the extension period provided for in the previous paragraph has expired, the parties may reach an agreement to extend the term again and, in the absence of an agreement, The parties agree that this contract will be understood to be automatically terminated and the selling party must return to the buying party the amounts it would have received as a reserve and deposit, the parties being considered released, settled and terminated and without having to claim more than each other.
The illegal/illicit occupation of the property subject to this contract or the failure to evict/evict the third occupant will not be understood as withdrawal or non-compliance by the selling party.
• At the time of granting the elevation to deed of this Purchase and Sale contract, the selling party will deliver to the buyer the corresponding certificate from the Community of Owners indicating the status of debts. If for any reason it has not been possible to obtain it, the buyer will exonerate the seller of the same from it, the seller acquiring in the deed the obligation to pay the outstanding installments of its ownership duly justified that legally affect the property until the day of deed. The parties agree that, in the event that any extraordinary spill or fee has been approved before the signing of this private contract of sale with the mediation of penitential deposit or is approved once it has been signed and prior to the execution of the public deed of sale, the selling party will be responsible for the fees that are drawn until the execution of the public deed of sale and the buying party will be responsible for the fees that are drawn until the execution of the public deed of sale and the buying party it will pay for those that are drawn later.
• The selling party declares that the Property is up to date with the payment of the Property Tax (IBI), with respect to the tax periods in which it was a taxpayer, unless it has not been drawn in which case the following paragraph will apply.
In the event that any amount of the property tax corresponding to tax periods in which the selling party was not a taxpayer of said tax prior to the date of deed due to the actual use of the property or properties transferred is claimed from the buyer by way of derivation of liability, The buyer must inform the selling party, within the period of 7 calendar days following the claim for the respective amount, and always within the voluntary payment period, once the corresponding insolvency and referral file necessary to be able to make the payment is resolved by the competent public body.
Any surcharge, late payment or interest, or non-appealable error that is generated by not having communicated to the seller the notification of the referral within the aforementioned period will be assumed by the buyer.
• It is stated that the IBI corresponding to the year in which the deed takes place, will be paid between the selling party and the buyer according to the "pro-rata temporis" criterion for the period of time in which each one has been the owner in the year. This same criterion shall be applied to any other applicable taxes, fees, taxes or contributions, such as the garbage or urban waste tax, metropolitan rate or tax, fords or others that may be applicable, except for wealth taxes, or those levied on the generation of income or income and not on possession or its enjoyment or use.
Both parties, in order to facilitate the management of the pro-rata payment of said IBI, agree that on the day of the deed the buyer will deliver to the seller as an essential obligation of this contract by bank cheque or bank transfer:
If you have the payment letter or certificate from the respective town hall of the exact amount of the IBI for the current year in which the deed of sale takes place, the respective proration.
If you do not have the aforementioned payment letter or certificate, the result of multiplying 1.05 by the amount of the IBI of the immediately preceding year will be taken as a basis.
In this way, the parties consider the obligations arising from the payment of the Real Estate Tax for the year in which the public deed of sale is executed to have been settled and terminated, declaring that they have nothing more to claim for any reason.
The amount of the pro-rata of the IBI must be communicated by the selling party to the buyer prior to the execution of the deed of sale. If this communication has not been made, the settlement of the proration of the IBI will be made after the act of deed.
• In Catalonia, if the buyer is a legal person, it states that at the time of granting the public deed of sale it will benefit from the discount of the ITP/TPO fee for the transfer of properties to real estate companies regulated in Article 641-8 of Legislative Decree 1/2024, of March 12, approving the sixth book of the Tax Code of Catalonia, which incorporates the consolidated text of the legal provisions in force in Catalonia regarding assigned taxes, and will meet the following requirements:
a) That incorporates the property subject to the contract into its current assets for the purpose of selling it.
b) That their main activity is the construction of buildings, real estate development or the purchase and sale of real estate on their own account;
Where appropriate, the buyer will comply with the additional requirements that are established or may be established by the state or regional regulations of the place where the property is located. Compliance with this stipulation is an essential condition for the signing of this contract and its subsequent formalisation in a public deed and its breach by the buyer will be considered as withdrawal and non-compliance for the purposes of the fifth clause of this contract.
• The execution of the Public Deed of Sale before a Notary Public will be carried out within a maximum period of forty-five (45) calendar days if the person needs financing and ten (10) calendar days if the purchase is made in cash, counting from the signing of the purchase contract as a penitential deposit. The buyer must indicate before signing the deposit contract whether or not he requires financing. In Catalonia, the period will be fifty (50) days, in correlation with the Catalan regional regulations, and ten (10) calendar days if the purchase is made in cash. In Catalonia, the deadlines may be modified in cases in which there is a preferential acquisition right in favour of the Public Administrations on the property subject to the contract. These terms may increase in the event that the flat is not registered in the name of the selling entity, in which case the term for the execution of the public deed will be 30 days // 10 calendar days (IF IT IS COUNTED) from the date on which the selling party sends the buyer the simple note that proves its registered ownership; or when the renovation is pending completion, in which case the public deed will be executed within 30 days (35 days in Catalonia) following the day of sending the appraisal report (if financing is needed) or within 10 days after the seller notifies the buyer of the completion of the work.
• In the event that the buyer does not need financing, he may also request the execution of a direct deed, which must be accepted by Clikalia, and the execution of the Public Deed of Sale before a Notary Public will be carried out, in that case, before the expiry of the period of thirteen (13) calendar days, counting from the acceptance of the offer.
• If the property is sold in a state of refurbishment, it will be delivered at the end of the renovation, without prejudice to repairs or repairs subsequent to the deed that proceed in accordance with the law. The completion of the work is understood when the appraisal report is sent by the seller to the buyer, unless the seller does not manage the appraisal, in which case the completion of the work will be indicated by this party to the buyer.
The refurbishment and its finishing are subject to possible modifications required or necessary for the completion of the work, without prejudice to any repairs or repairs subsequent to the deed that may proceed in accordance with the law.
• The amount of the deposit, together with the amount of the reservation, will be 10% of the accepted price; Both amounts will be understood to be delivered on account of the price.
• All expenses and taxes arising from this sale and its elevation to a public deed will be paid by the buyer except for the Tax on the Increase in the Value of Urban Land (Municipal Capital Gains) which will be on behalf of the selling party.
• The buyer must indicate to the seller if he wishes to acquire the property with financing. If you have not indicated anything in this regard, it will be understood that you are going with bank financing in all or part of the purchase price, and the term will be that corresponding to going with bank financing.
• To speed up mortgage financing processes, the buyer authorises the seller to inform the financial institutions about the sale of said property by providing the necessary information about it to carry out the credit analysis, without in any case the provision of this information implying any obligation for the selling party to guarantee the obtaining of credit to the buying party.
• The contract will be governed by the provisions of article 1,454 of the Civil Code for penitential deposits. In Catalonia, the correlative Catalan legislation will be applied.
• The amount paid as a penitential deposit will be considered a payment on account and will therefore be deducted from the final sale price.
• In the event of not formalising the contract for reasons attributable to CLIKALIA, the amount paid will be refunded.• The specific conditions of the offer described above may be modified in the event of promotions and specific offers made by CLIKALIA, in which case they will be governed by their specific conditions insofar as they contradict them.
• The bank expenses or commissions generated by the payment of the price will be the account, charge and responsibility of the purchasing party regardless of the bank that charges such commission or requires payment, such as the commissions for transfers made from a foreign country or other similar ones. In the event of being collected from the seller, the amount must be paid by the buyer at the same time as the transfer, signing of the contract or granting of the public deed of sale, such payment being essential for the seller, and if it has not been made by the buyer, the seller may desist without penalty or liability or duty to return any amount to the buyer.
• In Catalonia, in those cases in which the property subject to the sale does not have a Certificate of Occupancy and its obtaining is not managed by Clikalia, the buyer will exempt, in the present and in the future, the selling party from its contribution, with full indemnity from the selling party. In addition, the buyer will exempt the selling party from any liability in the event of refusal of the certificate in cases where the corresponding certificate of occupancy or exemption certificates are not provided, both in the present and in the future.
• In Catalonia, in the event that Clikalia is managing to obtain the certificate of occupancy for a property, the provisions of the following paragraphs will apply:
If the selling party has not obtained the certificate of occupancy 10 calendar days before the formalisation of the public deed of sale, the period for the formalisation of the public deed of sale will be automatically extended for a period of 90 calendar days.
If the certificate of occupancy has not been obtained, once the extension period provided for in the previous paragraph has expired, the buyer may choose between terminating this contract, with the selling party having to return the amounts delivered or extend the deed period again for a period of 30 calendar days.
In the event that the purchasing party has opted for the automatic extension for a period of 30 calendar days provided for in the previous paragraph and, at the end of the period, the certificate of occupancy has not been obtained, the parties may reach an agreement to extend the term again and, in the absence of an agreement, The parties agree that this contract will be understood to be automatically terminated and the selling party must return to the buyer the amounts it has received as a reservation and deposit, the parties being considered released, settled and terminated and without having to claim against each other.
Failure to obtain the certificate of occupancy will not be considered a cause for withdrawal or non-compliance under the terms provided for in the fifth clause of this contract.
• In Catalonia, the buyer will exonerate the seller, at the time of granting the public deed of sale, from the report of the Technical Inspection of the Building and the certificate of suitability.
MANAGEMENT FEES:
An amount of €2,900 is charged excluding VAT (VAT would be 21% for it €609) which includes the expenses associated with the preparation, monitoring and signing of the contract:
- The holder of the right for this amount is CLIPISO DESARROLLO SLU.- The payment of the indicated amount must be made by bank card or by payment by bank transfer to the account: ES1601822325050204044732. - The payment obligation will accrue with the signing of the deposit contract and the payment must be made prior to the deed of sale.- The fact that after the term the payment has not been made, but the contract has been signed, does not imply the loss or waiver of the right to its collection during the 5 years following its accrual; and without prejudice to the fact that the services included until full payment are not carried out or delivered under the responsibility of the buyer. - This payment is considered essential for the contractual relationship of the sale and if it is not made effective, CLIKALIA through the respective selling company may desist from the operation without any liability and retain the amounts that have already been delivered by the client.
Prevention of money laundering and terrorist financing.
Within the framework of the execution of the public deed of sale, the Buyer must provide the Property, at least 48 hours before the date of execution of the deed of sale, in a truthful and complete manner, with all the information and documentation necessary and required for the purposes of the Property being able to comply with its obligations under Law 10/2010. of 28 April and other regulations regulating the prevention of money laundering and terrorist financing, and expressly authorises the Owner to carry out the verification updates it deems appropriate for this purpose.
The failure of the Owner to obtain the information and documentation required in the internal policies established to comply with the legislation will be sufficient cause for the Owner to be empowered to terminate this purchase contract with the mediation of penitential deposit and refuse to execute the deed of sale of the Property, without this entailing any type of liability for the Property. In this case, the Buyer will have the right to obtain the refund of the amount paid to the Property as a penitential deposit, entitlement to the seller not to return the amount of €1,000 given as a reservation. When the failure to obtain the information or documentation is due to a lack of diligence or good faith on the part of the buyer, and uses this regulation on the prevention of fraudulent conduct, to mask non-compliance or desisting conduct and thus avoid its obligation derived from the concept of the contractual deposit that is agreed, where appropriate, The refund of the amount paid will not be assessed in accordance with the law.
You agree and represent that you have read and understood the terms and conditions set forth above.
SPECIALITY FLATS OWNED BY OTHERS THAN CLIKALIA which it sells:
* The apartment is not owned by the CLIKALIA group, the sale is made by order of the owner in its commercialization.
* The property will have a period of 10 calendar days to accept the offer without there being any obligation to accept the offer made by the user.* Regardless of the amount of the offer, (whether it is equal, lower or higher) than the estimated price published, it will not be mandatory or binding for the property until it expressly notifies the user making the offer of its acceptance. *Once the acceptance of the offer made by the user has been communicated, the user must sign the purchase contract with the mediation of the property within the following 72 working hours, under the terms of these conditions and the particular conditions previously accepted when making the offer. In the event that the contract is not signed within this period, the offering user will lose the amount paid for the execution of the offer. In addition, the CLIENT buyer whose bid has been accepted must send the form provided by CLIKALIA in relation to the file for the prevention of money laundering and terrorist financing (the "AML file") correctly completed within the 72-hour period set for the signing of the deposit contract; if the client fails to comply with this obligation at the end of the aforementioned period of 72 hours, he/she will lose the amount paid as a reservation and CLIKALIA will not be obliged to sign the deposit contract.*The peculiarities of the contract between the owner and the seller may vary at the will of the latter, based on the conditions and terms established as if the apartment were CLIKALIA's; or they will be directly subject to what is agreed between the seller and the buyer.* In these sales, management fees will not be applicable.
Right to use the web service:
Users have the right to display their personalized data on their own screen, as well as to print it. However, these data may not be used for commercial purposes, for the creation of a database or for industrial use. Measures aimed at disrupting or hindering the operation of www.clikalia.com are prohibited. In addition, it is not possible to extract or reuse our offer without written permission. Data extraction and data collection programs may not be used without our authorization. Integration or linking to our service is not permitted without our express consent. The right to use the service and its functions is only possible within the framework of the current state of technology. The user grants clikalia.com the unlimited right to reuse online and offline the content that has been transmitted to clikalia.com, as well as the data of their property and the photos taken and related to its valuation. The presentation and operation of the service may vary depending on the type of access, e.g. via the internet or mobile applications. The right to use the service and its functions is only possible within the framework of the current state of technology.
Guarantee:
Clikalia.com does not offer any guarantee for technical errors, in particular for the constant and uninterrupted availability of the website or for the correct reproduction of the content entered by the user. In case of unavailability of the offer, you can contact our Customer Service at the email address: hola@clikalia.com.
Safety:
CLIKALIA informs users that the website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.
Limitation of Liability:
It cannot be guaranteed that the service offered will always be available and error-free. Access to clikalia.com may be interrupted from time to time or restricted by the performance of maintenance or the introduction of new services and functionalities. Clikalia.com will try to limit the frequency and duration of such interruption. Consequently, the use of online content is done at the user's own responsibility and risk. In the course of using our website and services, clikalia.com will be liable unlimitedly for damage caused intentionally or by gross negligence of clikalia.com or through its legal representatives, employees or agents.
Data protection:
Please refer to our Privacy Policy for information on personal data protection.
Intellectual and Industrial Property:
All trademarks, logos, texts, images and other data on our website are subject to copyright. By using our site, the user has no right to further use this information. Modification, processing and use in media of any kind are completely prohibited. Other use is only possible with the prior written consent of clikalia.com. Unauthorized use of our information, as well as the logos or trademarks of third parties appearing on our website, violates our rights or the rights of third parties and is therefore not permitted.
Severability:
If any provision of these Terms and Conditions is or proves to be invalid, the validity of the remaining provisions shall not be affected. This provision can be replaced by other more valid and operative ones that are as close as possible to the intended economic purpose.
Applicable Law, Place of Performance, and Jurisdiction:
Clipiso Desarrollo S.L.U, CLICPISO REAL ESTATE II, SLU and other entities of the CLIKALIA group will make use of the civil or criminal actions that correspond by law, in the event of any improper use of the web domain. Any disputes that may arise in relation to this Domain and/or these Terms and Conditions shall be governed solely by Spanish law, and shall be submitted to the competent Courts and Tribunals of Madrid.