Legal Information
Terms and conditions of buy-sell Asset Management
TERMS AND CONDITIONS of CLIKALIA ASSET MANAGEMENT
Scope of the contract:
These terms and conditions apply exclusively to the products and services in which CLIKALIA MANAGEMENT SERVICES SLU, with Tax ID Number B56917008 and/or CLIPISO DESARROLLO, S.L. with Tax ID Number B87793535 act as intermediaries by virtue of a specific mandate under the name CLIKALIA ASSET MANAGEMENT, in which CLIKALIA MANAGEMENT SERVICES SLU and/or CLIPISO DESARROLLO, S.L. act not as owners, but by virtue of a mandate/commission to manage the sale of the respective property (hereinafter CLIKALIA ASSET MANAGEMENT), which will be provided to the Client in relation to the sale of real estate and is aimed at a public over the age of 18.
These terms and conditions shall also apply to services provided by other companies in the CLIKALIA group related to the products and services of CLIKALIA ASSET MANAGEMENT, without prejudice to any additional terms and conditions applicable to these services that must be agreed between the CLIENT and the corresponding company.
General information and purpose of the contract:
www.clikalia.com 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 service carefully to be informed of the rights and obligations of users of the service offered through this medium. The validity of these terms and conditions will be recognized as binding by the user at the moment they decide to use the service.
The use of our services implies the acceptance of these Terms and Conditions."s2"> Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time and without having to give any reason.
“Buying a home” / Offers Offers from users
Users may submit offers for CLIKALIA ASSET MANAGEMENT products via our website; such offers may be accepted within 72 hours. There is no obligation to accept the offer made by the user.
Regardless of the amount of the offer (whether equal to, lower than, or higher than) the published estimated price, it shall not be binding on the Owner until the Owner expressly notifies the user who made the offer of its acceptance.
In order to submit an offer, the offering user must, in all cases, first accept the specific terms and conditions of the service and the special conditions, which shall be fully applicable together with these general terms and conditions of CLIKALIA ASSET MANAGEMENT.
The entire legal process of selling apartments is carried out online/digitally. The prices shown at the bottom of each property's photograph are not final sale prices but are indicative of internal valuations and are not binding on the property. 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 payable by them, if so agreed between the parties or required by current legislation.
Once CLIKALIA has communicated its acceptance of the offer made by the user, the latter must sign the purchase agreement with a deposit within 72 hours, under the terms of these conditions and the specific conditions previously accepted by the user when making the offer.
By accepting these terms and conditions, users accept and understand that if action is necessary to successfully complete the order, mandate, or contract and fulfill the obligations arising therefrom, CLIKALIA may, as appropriate, take the necessary actions to do so, invoicing the respective costs to the other party and/or user, who shall be legally responsible for them.
In the case of apartments marketed under the "Virtual/3D Tour" mode or other special promotions, their specific terms shall apply insofar as they do not contradict those established herein. In particular, any discounts or promotional concessions will only be applicable if the amount of the customer's offer is equal to the amount of the property's published price on the website.
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.
Conditions particular of the Offer to Purchase a property from CLIKALIA ASSET MANAGEMENT
Making an offer for a property from CLIKALIA ASSET MANAGEMENT will be governed by the following specific conditions, which the customer/user will be aware of and accept:
- Proceed to sign and send an offer to purchase for the price you consider appropriate and for the property at the address indicated in the project file.
- The submission of purchase offer is subject to payment of one thousand euros (€1,000) by credit/debit card.
- The Property is not obliged to accept the the offer and will have a period of 72 hours to analyze and evaluate the offer to purchase and, in the"s15"> offer to purchase and, in the event not accepted, the amount paid will be refunded.
- If the Property accepts your offer, a representative will contact you to formalize the purchase agreement with deposit mediation."s17"> the purchase agreement with mediation of a deposit on the property that is the subject of the offer, which must be signed at the agreed price(at the accepted price)within a maximum period of 72 hours from the communication of acceptance. If the contract is not signed within this period, the amount paid by the user to make the offer will be forfeited.
- In addition, the purchasing CUSTOMER 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 "PBC form") correctly completed within the 72-hour period provided for the signing of the deposit contract; if the customer fails to comply with this obligation after the aforementioned 72-hour period has expired, they will lose the amount paid as a deposit and CLIKALIA will not be obliged to sign the deposit agreement.
The contract for the penitential deposit formalized in accordance with the following essential conditions:
- The seller sells the property to the buyer, who purchases and accepts the property as is, except for any security alarm installed on the property, the anti-squatting security door, and any appliances and furniture on the property. in addition, the property is sold with all rights, uses, and services inherent and accessory to it, in the physical, legal, urban planning, cadastral, registry, conservation, maintenance, occupational, and encumbrance conditions and status that the buyer declares to know and accept, being up to date with the payment of taxes affecting the property for which the seller is liable, expenses for supplies and ordinary fees of the Homeowners' Association owned by the seller that affect the property on the date of this contract in accordance with current legislation.
- In addition, the sale is made with the lock in the condition in which it is found, which 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 property covered by this contract is and will be delivered free of tenants, residents, occupants, or other tenants, being unoccupied.
In the event that the property covered by this contract is illegally/unlawfully occupied by a third party and has not been vacated/evicted TEN (10) calendar days prior to the end of the period for the execution of the public deed of sale, the purchasing party may choose between an automatic extension of the term for formalizing the public deed of sale for a period of THIRTY (30) calendar days or terminating this contractual relationship, receiving from the seller the amount given as a deposit and without further liability for either party, the parties being released, settled, and discharged and having no further claims against each other.
In the event that the buyer has opted for the automatic extension of the term, if the occupant without title has not been evicted/removed, 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 shall be deemed to have been terminated by operation of law, and the seller shall return to the buyer any amounts received as a deposit or earnest money, with the parties being released, settled, and discharged, and having no further claims against each other.
The illegal/unlawful occupation of the property covered by this contract or the failure to evict/remove the third-party occupant shall not be construed as withdrawal or breach by the seller.
- At the time of execution of the deed of sale, the seller shall provide the buyer with the corresponding certificate from the Homeowners' Association indicating the status of any outstanding debts. If for any reason this cannot be obtained, the buyer shall exempt the seller from this obligation, and the seller shall acquire in the deed the obligation to pay any duly justified outstanding fees that legally affect the property until the date of execution of the deed.
The parties agree that, in the event that it has been approved before the signing of the private purchase agreement with a deposit or is approved after the signing of the agreement and before the execution of the public deed of sale, any extraordinary assessment or fee, the seller shall be responsible for the fees incurred until the execution of the public deed of sale, and the buyer shall pay those incurred thereafter.
- In the event of a security alarm in the apartment, the buyer may choose to:
a) keep it, assuming responsibility for its cost and fees, authorizing the buyer to transfer the necessary data to the seller for this purpose only; or
b) undertake to provide the seller, if the alarm has not been removed on the day the deed is signed, the removal of the alarm within 15 days of the signing, actively and in good faith collaborating in its removal, attending to the technician who assists with the removal on the day and time indicated by the seller, notifying them 48 hours in advance, and proceeding with the removal only from Monday to Saturday.
Ten calendar days prior to the date of signing the deed, and in a reliable manner by email, the buyer must inform the seller which of the two above options they have chosen, otherwise it will be understood that they have chosen option b).
- The Anti-Occupation Security Door or PAO is a security measure contracted by the seller and is not part of this contract. Once the public deed of sale has been granted, the seller will coordinate the removal of the PAO, which must be returned by the buyer in the same condition and situation in which it was delivered by the seller. it shall be the sole responsibility of the buyer to provide a replacement door. The Anti-Occupation Security Door or PAO has a daily cost that shall be borne by the buyer from the day after the deed is executed until its removal.
- Any appliances and furniture that may be on the property are not included in the scope of this contract and will not be transferred along with the property, and the seller may remove them at any time. The buyer shall cooperate with the seller in removing the appliances and furniture if the seller is unable to do so prior to the execution of the public deed of sale.
- The seller declares that the property is up to date with the payment of property tax (IBI) for the tax periods in which it was liable, unless the tax has not been levied, in which case the following paragraph shall apply.
In the event that any amount of property tax corresponding to tax periods in which the seller was not liable for said tax prior to the date of registration is claimed from the buyer by way of derivation of liability due to the real encumbrance of the property or properties transferred, the buyer must inform the seller within seven calendar days of the claim for the respective amount, and always within the voluntary payment period, once the competent public body has resolved the corresponding insolvency and derivation proceedings necessary to make the payment.
Any surcharge, late payment fee, interest, or non-appealable error arising from failure to notify the seller of the referral within the aforementioned period shall be borne by the buyer.
In accordance with the Supreme Court Ruling of June 15, 2016, the Property Tax (IBI) corresponding to the year in which the Public Deed of Sale is signed shall be paid by both parties in proportion to the period of ownership of each of them of the property subject to the sale.
- The public deed of sale shall be executed before a notary 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 agreement as a deposit. The buyer must indicate before signing the deposit agreement whether or not they require financing. In Catalonia, the period shall be fifty (50) days if the buyer requires financing, in accordance with Catalan regional regulations, and ten (10) calendar days if the purchase is made in cash.
- In Catalonia, the deadlines may be modified in cases where there is a right of first refusal in favor of the public authorities on the property covered by the contract. In such cases, if the competent public body exercises its right of first refusal on the property, the parties agree that this contract shall be terminated by operation of law and the seller shall return to the buyer any amounts received as a deposit or earnest money, with the parties considering themselves to be settled and discharged and having no further claims against each other.
- These deadlines may be extended if the apartment is not registered in the name of the selling entity or if the renovation work is pending completion, in which case the public deed of sale will be executed within 30 days, if the buyer needs mortgage financing, or within 10 days, if no mortgage financing is required, of the sending of the simple note reflecting the registered ownership of the selling party; when the renovation is pending completion, the public deed will be executed within 30 days (35 days in Catalonia) following the date of delivery of the appraisal report (if financing is required and the seller arranges the appraisal report) or within 10 days after the seller notifies the buyer of the completion of the work.
- In the event that the buyer does not require financing, they may also request a direct deed transfer which, if accepted by the Property, will be carried out in accordance with the following essential conditions:
- The seller sells the property to the buyer, who purchases and accepts the property as is, except for any security alarm installed on the property, the anti-squatting security door, and any appliances and furniture on the property. in addition, the property is sold with all rights, uses, and services inherent and accessory to it, in the physical, legal, urban planning, cadastral, registration, conservation, maintenance, occupational, and encumbrance conditions and status that the buyer declares to know and accept, being up to date with the payment of taxes affecting the property for which the seller is liable, expenses for supplies and ordinary fees of the Homeowners' Association owned by the seller that affect the property on the date of this contract in accordance with current legislation.
- In addition, the sale is made with the lock in the condition in which it is found, which 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 property covered by this contract is and will be delivered free of tenants, residents, occupants, or other tenants, and is unoccupied.
In the event that the property covered by this contract is illegally/unlawfully occupied by a third party and has not been vacated/evicted TEN (10) calendar days prior to the end of the period for the execution of the public deed of sale, the purchasing party may choose between an automatic extension of the term for formalizing the public deed of sale for a period of THIRTY (30) calendar days or terminating this contractual relationship, receiving from the seller the amount given as a deposit and without further liability for either party, the parties being released, settled, and discharged and having no further claims against each other.
In the event that the buyer has opted for the automatic extension of the term, if the occupant without title has not been evicted/removed, 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 shall be deemed to have been terminated by operation of law, and the seller shall return to the buyer any amounts received as a deposit or earnest money, with the parties being released, settled, and discharged, and having no further claims against each other.
The illegal/unlawful occupation of the property covered by this contract or the failure to evict/remove the third-party occupant shall not be construed as withdrawal or breach by the seller.
- At the time of execution of the deed of sale, the seller shall provide the buyer with the corresponding certificate from the Homeowners' Association indicating the status of any outstanding debts. If for any reason this cannot be obtained, the buyer shall exempt the seller from this obligation, and the seller shall acquire in the deed the obligation to pay any duly justified outstanding fees that legally affect the property until the date of execution of the deed.
The parties agree that, in the event that it has been approved before the signing of this private purchase agreement with a deposit or is approved after it has been signed and before the public deed of sale is executed, any extraordinary assessment or fee, the seller shall be responsible for the fees incurred until the execution of the public deed of sale, and the buyer shall pay those incurred thereafter.
- In the event of a security alarm in the apartment, the buyer may choose to,
a) keep it, assuming responsibility for its cost and fees, authorizing the buyer to transfer the necessary data to the seller for this purpose only; or
b) undertake to provide the seller, if the alarm has not been removed on the day the deed is signed, to withdraw the alarm within 15 days of the signing, actively and in good faith collaborating in its withdrawal, attending to the technician who assists with the withdrawal on the day and time indicated by the seller, notifying them 48 hours in advance, and proceeding with the withdrawal only from Monday to Saturday.
Ten calendar days prior to the date of signing the deed, and in a reliable manner by email, the buyer must inform the seller which of the two above options they have chosen, otherwise it will be understood that they have chosen option b).
- The Anti-Occupation Security Door or PAO is a security measure contracted by the seller and is not part of this contract. Once the public deed of sale has been granted, the seller will coordinate the removal of the PAO, which must be returned by the buyer in the same condition and situation in which it was delivered by the seller; and it will be the sole responsibility of the buyer to provide a private door to replace it. The Anti-Occupation Security Door or PAO has a daily cost that will be borne by the buyer from the day after the deed is signed until its removal.
- Any appliances and furniture that may be in the property are not included in the scope of this contract and will not be transferred along with the property, and the seller may remove them at any time. The buyer shall cooperate with the seller in removing the appliances and furniture if the seller is unable to do so prior to the execution of the public deed of sale.
- The seller declares that the property is up to date with the payment of property tax (IBI) for the tax periods in which it was liable, unless the tax has not been levied, in which case the following paragraph shall apply.
In the event that any amount of property tax corresponding to tax periods in which the seller was not liable for said tax prior to the date of registration is claimed from the buyer by way of derivation of liability due to the real encumbrance of the property or properties transferred, the buyer must inform the seller within seven calendar days of the claim for the respective amount, and always within the voluntary payment period, once the competent public body has resolved the corresponding insolvency and derivation proceedings necessary to make the payment.
Any surcharge, late payment fee, interest, or non-appealable error arising from failure to notify the seller of the referral within the aforementioned period shall be borne by the buyer.
In accordance with the Supreme Court Ruling of June 15, 2016, the Property Tax (IBI) corresponding to the year in which the Public Deed of Sale is signed shall be paid by both parties in proportion to the period of ownership of each of them of the property subject to the sale.
- The Public Deed of Sale shall be executed before a Notary Public within thirteen (13) calendar days of the acceptance of the offer.
- In Catalonia, the deadlines may be modified in cases where there is a right of first refusal in favor of the public authorities over the property covered by the contract. In such cases, if the competent public body exercises its right of first refusal on the property, the parties agree that this contract shall be terminated by operation of law and the seller shall return to the buyer any amounts received as a deposit or earnest money, with the parties considering themselves to be settled and discharged and having no further claims against each other.
- These deadlines may be extended if the apartment is not registered in the name of the selling entity or if the renovation work is pending completion, in which case the public deed of sale will be executed within 30 days, if the buyer requires mortgage financing, or within 10 days, if no mortgage financing is required, of the sending of the simple note reflecting the registered ownership of the selling party; when the renovation is pending completion, the public deed will be executed within 30 days (35 days in Catalonia) following the date of delivery of the appraisal report (if financing is required and the seller arranges the appraisal report) or within 10 days after the seller notifies the buyer of the completion of the work.
- The deposit, together with the reservation fee, will be 10% of the accepted price; both amounts will be considered part of the price.
- All expenses and taxes arising from this sale and its registration in a public deed shall be paid by the buyer, except for the Tax on the Increase in the Value of Urban Land (Municipal Capital Gains Tax), which shall be paid by the seller.
- The buyer must inform the seller if they wish to purchase the property with financing. If no indication is given in this regard, it will be understood that the buyer will use bank financing for all or part of the purchase price, and the term will be that corresponding to bank financing.
In order to expedite the mortgage financing process, the buyer authorizes the seller to inform financial institutions about the sale of the property, providing the necessary information to carry out a credit analysis. Under no circumstances does the provision of this information imply any obligation on the part of the seller to guarantee that the buyer will obtain credit.
- The contract shall be governed by the provisions of Article 1454 of the Civil Code. In Catalonia, the corresponding Catalan legislation shall apply.
- The amount paid as a deposit shall be considered a down payment and shall therefore be deducted from the final sale price.
- If the contract is not formalized for reasons attributable to CLIKALIA or the Property, the amount paid will be refunded.
- The specific conditions of the offer described above may be modified in the event of specific promotions and offers made by CLIKALIA, in which case they will be governed by their specific conditions insofar as they contradict the former.
- Any bank charges or fees incurred in connection with the payment of the price shall be borne by and are the responsibility of the buyer, regardless of the bank charging such fees or requiring payment, such as fees for transfers made from abroad or other similar fees. If charged to the seller, the amount must be paid by the buyer at the time of the transfer, signing of the contract, or execution of the public deed of sale, said payment being essential for the seller, and if it has not been made by the buyer, the seller may withdraw without penalty or liability or obligation to refund any amount to the buyer.
In Catalonia, in cases where the property being sold does not have a Certificate of Occupancy, the buyer shall exempt the seller, both now and in the future, from its contribution, with full indemnity for the seller. In addition, the buyer shall exempt the seller from any liability in the event of refusal of the certificate in cases where the certificate of occupancy or corresponding exemption certificates are not provided, both now and in the future.
In Catalonia, in the event that the property being sold does not have a certificate of occupancy and the seller is responsible for processing a new certificate of occupancy, if the seller has not obtained the certificate of occupancy 10 calendar days prior to the formalization of the public deed of sale, the deadline for formalizing 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, in which case the seller must return the amounts paid, or extending the deed execution period again for a further 30 calendar days.
In the event that the buyer 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 period again and, in the absence of an agreement, the parties agree that this contract shall be deemed to have been terminated by operation of law, and the seller shall return to the buyer the amounts received as a reservation and deposit, the parties being released, settled, and discharged, with no further claims between them.
Failure to obtain the certificate of occupancy shall not be considered grounds for withdrawal or breach under the terms of clause five of this contract.
In Catalonia, the buyer shall exempt the seller, at the time of execution of the public deed of sale, from the building inspection report and the certificate of suitability.
In Catalonia, if the buyer is a legal entity, it shall declare that, at the time of execution of the public deed of sale, it will avail itself of the ITP/TPO tax rebate for the transfer of homes to real estate companies regulated in Article 13 of Law 31/2002, of December 30, on Tax and Administrative Measures, and shall meet the following requirements:
a) That it incorporates the property covered by the contract into its current assets for the purpose of selling it.
b) Its main activity is the construction of buildings, real estate development, or the purchase and sale of real estate on its own account;
Where applicable, the purchasing party shall comply with the additional requirements established or that may be established by state or regional regulations in the place where the property is located in order to qualify for the aforementioned subsidy. Compliance with this stipulation is an essential condition for the signing of this contract and its subsequent formalization in a public deed, and failure to comply with it by the purchasing party will be considered a withdrawal and breach for the purposes of clause five of this contract.
In the event that the property covered by the offer is subject to any type of protection regime:
The buyer declares that they are an applicant for social housing and that they meet all the requirements of current legislation in order to purchase the property that is the subject of this contract.
The buyer declares that they do not hold full ownership or a real right of use or enjoyment over another property.
The buyer undertakes to use the property covered by the contract as their habitual and permanent residence and that under no circumstances will they use it as a second home or for any other purpose; furthermore, the buyer undertakes to occupy the property within 3 months of its delivery.
In the event that, 10 calendar days prior to the deadline for the execution of the public deed of sale, this contract has not been approved by the competent public body, the parties agree to an automatic extension of said deadline for 90 calendar days.
If, at the end of the automatic extension period provided for in the previous paragraph, the contract has not been approved by the competent public body, the parties may agree to a further extension of the contract or, failing agreement, it shall be terminated by operation of law and the selling party shall return to the purchasing party the amounts received as a deposit and earnest money, the parties being deemed to have settled and discharged all claims between them, except as provided in the following paragraph.
When the failure to obtain the visa is attributable to the buyer, in particular, by way of example and without limitation, due to failure to register in the register of applicants for subsidized housing or failure to comply with the requirements of current regulations for the purchase of subsidized housing, the buyer shall be deemed to be in breach of this contract and shall have the same effects as withdrawal for the purposes of clause five, and shall forfeit any amounts paid to the seller.
The purchasing party authorizes CLIKALIA MANAGMENT SERVICES, SLU to submit the contract approval application and to carry out all ancillary or additional procedures necessary for this purpose before the public authorities.
ADMINISTRATION FEES:
A fee of €2,900 excluding VAT (VAT would be 21%, therefore €609) is charged, which includes the costs associated with the preparation, monitoring, and signing of the contract:
- The holder of the right to this amount is CLIKALIA MANAGEMENT SERVICES SLU.
- Payment of the aforementioned amount must be made by credit card or bank transfer to the following account: ES41 0182 8510 9902 0000 7760.
-The payment obligation shall accrue upon signing the deposit agreement and must be paid prior to the execution of the deed of sale.
- The fact that payment has not been made after the deadline, but the contract has been signed, does not imply the loss or waiver of the right to collect it during the 5 years following its accrual; and without prejudice to the fact that the services included until full payment is made will not be performed or delivered under the responsibility of the buyer.
- This payment is considered essential to the contractual relationship of the sale and, if it is not made, the seller may withdraw from the transaction without any liability and retain any amounts already paid by the customer.
Prevention of money laundering of capital and terrorist financing of terrorism.
Within the framework of the execution of the public deed of sale, the Buyer must provide CLIKALIA, which will manage it on behalf of the property, with accurate and complete information at least 48 hours prior to the date of execution of the deed of sale. all the information and documentation necessary and required for the purposes of complying with the obligations established under Law 10/2010, of April 28, and other regulations governing the prevention of money laundering and terrorist financing, and expressly authorizes CLIKALIA and the owner of the property being sold to carry out any verification updates it deems appropriate for this purpose.
Failure by CLIKALIA to obtain the information and documentation required by internal policies established to comply with legislation shall be sufficient cause for the Owner to terminate this purchase agreement with the deposit and refuse to grant the deed of sale for the Property, without this entailing any liability for the Owner. In this case, the Buyer shall be entitled to a refund of the amount paid to CLIKALIA on behalf of the Property as a penalty deposit, authorizing the selling party not to refund the amount of €1,000 paid as a reservation fee as compensation for the management and time spent processing the file. 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 they use these regulations for the prevention of fraudulent conduct to mask non-compliant or withdrawing behavior and thus avoid their obligation arising from the concept of contractual deposits agreed upon, where applicable, the refund of the amount paid will not be considered if it is in accordance with the law.
Special Conditions of the Offer to Purchase a Flat from CLIKALIA ASSET MANAGEMENT on behalf of SOLVIA SERVICIOS INMOBILIARIOS S.A.U.:
- These specific conditions shall apply in cases where CLIKALIA MANAGEMENT SERVICES S.L. has been commissioned by SOLVIA SERVICIOS INMOBILIARIOS S.A.U., the management company of this asset, to handle the procedures relating to the sale of the property. Under no circumstances shall CLIKALIA MANAGEMENT SERVICES S.L., SOLVIA SERVICIOS INMOBILIARIOS S.A.U. or the company that owns the property in question be held liable in any way or guarantee the accuracy or validity of the information, price and terms and conditions of sale set out in this publication. The information and conditions of sale of this property are therefore subject to potential errors, changes (including price), modifications, omissions, and/or withdrawal of the property from the market without prior notice.
- This property is not owned by the CLIKALIA group; the sale is being carried out on behalf of the owner.
- The submission of the purchase offer is subject to the Customer's acceptance of the specific conditions of the service and the signage of the property, as follows:
- The property will be marked by retaining, through the Stripe platform, an amount of €1,000 as a reservation or deposit and as a sign of the seriousness of the Client's offer.
- The Customer's reservation or deposit will not form part of the price nor will it be considered a commission or fee.
- Clikalia will not receive the deposit or down payment, which will remain in the Customer's account.
- The amount retained will be released to the Customer in any case and, in particular:
- If the Customer has not been notified of the acceptance or rejection of the offer within seven (7) calendar days of its submission, the amount of the reservation or deposit will be released after the aforementioned period of seven (7) calendar days has elapsed.
- When the offer is accepted or rejected within seven (7) calendar days of its submission by the Customer, the amount of the reservation or deposit will be released at the time of acceptance or rejection of the offer.
- The time limits for releasing the reservation or deposit to the Customer may be increased in accordance with the technical characteristics, functions, content, needs, or any other circumstance related to the tools used for retaining the amounts, a fact that is known and expressly accepted by the Customer.
- In the event that, due to circumstances beyond Clikalia's control or, if attributable to Clikalia, Clikalia has acted in good faith, the amount of the reservation or deposit from the Customer is received in any of the accounts associated with Clikalia, the amount received will be refunded to the customer as soon as possible.
- Acceptance of the offer may take longer than 72 hours due to the needs and particularities of the property, without any obligation to accept the offer made by the user.
- Regardless of the amount of the offer (whether equal to, lower than, or higher than) the published estimated price, it will not be binding on the property until the property expressly notifies the user who made the offer of its acceptance.
- The specific terms of the contract between the owner and the seller may vary at their discretion, based on the terms and conditions established as if the apartment belonged to CLIKALIA, or they will be directly subject to what is agreed between the seller and the buyer.
- No management fees will be applicable to these sales.
- Notary fees, registration fees, and taxes are not included in the price.
- The purchasing CUSTOMER must send the form provided by CLIKALIA in relation to the file for the prevention of money laundering and terrorist financing (the "PBC form") correctly completed within a maximum period of 72 working hours after it has been provided.
Conditions of the Offer to Purchase an Apartment from CLIKALIA ASSET MANAGEMENT - ARQUIA:
CLIKALIA MANAGEMENT SERVICES S.L. has been commissioned by ARQUIA BANK, S.A. and ARQUIA GESTIÓN DE ACTIVOS, S.A., the management companies or owners of this asset, as applicable, to handle the procedures relating to the sale of the property. Under no circumstances shall CLIKALIA MANAGEMENT SERVICES S.L., ARQUIA BANK, S.A., ARQUIA GESTIÓN DE ACTIVOS, S.A., or the company that owns the property in question, as applicable, be held liable in any way or guarantee the accuracy or validity of the information, price, and terms and conditions of sale set forth in this publication. The information and conditions of sale of this property are therefore subject to potential errors, changes (including price), modifications, omissions, and/or withdrawal of the property from the market without prior notice.
This property is not owned by the CLIKALIA group and is being sold on behalf of the owner.
The submission of a purchase offer requires acceptance of the specific terms and conditions of the service and the signaling of the property, as follows:
- The property will be marked by Stripe retaining the amount of €1,000 as a reservation or deposit to guarantee the seriousness of the offer.
- The reservation or deposit will not form part of the price nor will it be a commission or fee.
- Clikalia will not receive the amount of the reservation or deposit, which will remain retained in the Customer's account.
- The amount withheld will be released in any case and:
- If the Customer has not been notified of the acceptance or rejection of the offer within seven (7) calendar days of its submission, the amount will be released after that period.
- When the offer is accepted or rejected within seven (7) calendar days of its submission by the Customer, the amount will be released at the time of acceptance or rejection of the offer.
- The release periods for the reservation or deposit may be increased in accordance with the characteristics and any circumstances related to the tools used to retain the amounts, a fact known and accepted by the Customer.
- In the event that, due to circumstances beyond Clikalia's control or, if attributable to Clikalia, Clikalia has acted in good faith, the amount of the reservation or deposit is received in any of the accounts associated with Clikalia, the amount received will be refunded to the Customer as soon as possible.
The offer may be accepted by the Property within 7 business days, although this period may be extended due to the needs and particularities of the Property, which is under no obligation to accept the offer made by the user.
Regardless of the amount of the offer (whether equal to, lower than, or higher than) the published estimated price, it shall not be binding on the Property until the latter expressly notifies the user who made the offer of its acceptance.
No management fees will be applicable to these sales.
Notary fees, registration fees, and taxes are not included in the price.
The purchasing CUSTOMER must send the form provided by CLIKALIA in relation to the file for the prevention of money laundering and terrorist financing (the "PBC form") correctly completed within a maximum period of 72 working hours after it has been provided.
The terms of the contract between the seller and the buyer shall always comply with these terms and conditions, as well as with the following specific conditions of the offer from CLIKALIA ASSET MANAGEMENT – ARQUIA, which have been previously accepted by the buyer when making the offer and which are indicated below depending on the type of property, and are therefore essential conditions. The specific conditions of the offer may be modified in the case of specific promotions and offers, in which case they shall be governed by the latter insofar as they contradict the former.
The purchasing Customer must sign the private purchase agreement with a deposit within 72 business hours of it being provided.
- Specific Conditions of the Offer to Purchase an Apartment from CLIKALIA ASSET MANAGEMENT – ARQUIA_Vivienda:
- The seller sells the property to the buyer, who purchases and accepts the property as is, except for any security alarm that may be installed in the property, the anti-squatting security door, anti-squatting panels, and other security systems other than the above, as well as the appliances and furniture in the property, in which case the following paragraphs shall apply. In addition, the property is sold with all inherent and accessory rights, uses, and services, in its current physical, legal, urban planning, cadastral, registry, maintenance, maintenance, rental, possession, and occupancy, and encumbrances and restrictions that the buyer declares to know and accept, being up to date with the payment of taxes affecting the property for which the seller is liable, expenses for supplies, and ordinary fees of the Homeowners' Association 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 condition in which it is found, which 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-Occupation Security Door or PAO, Anti-Occupation Panels, and other temporary security systems that may be installed on the property are security measures contracted by the seller and are not part of this contract. Once the public deed of sale has been granted, the seller will coordinate with the buyer to uninstall the PAO and any other security systems, if any, in the same condition and situation in which they were delivered by the seller; and it will be the sole responsibility of the buyer to provide a private door to replace it. The security measures provided for in this paragraph have a daily cost that shall be borne by the buyer from the day after the deed is executed until their removal.
- In the event of a security alarm, Anti-Occupation Security Door or PAO, Anti-Occupation Panels, and other security systems in the apartment, the buyer may choose to:
a) keep some or all of the security systems described, assuming responsibility for their cost and fees, authorizing the buyer to transfer the necessary data to the seller for this purpose only; 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 other security elements within 15 days of the signing, actively and in good faith collaborating in their removal, attending to the technician who assists with the removal on the day and time indicated by the seller, notifying them 48 hours in advance, and proceeding with the removal only from Monday to Friday during business hours.
Ten calendar days prior to the date of signing the deed, and in a reliable manner by email, the buyer must inform the seller which of the two above options they have chosen, otherwise it will be understood that they have chosen option b).
- Any appliances and furniture that may be on the property shall not be included in the subject matter of this contract nor shall they be transferred together with the property, and the seller may remove them at any time. The buyer shall cooperate with the seller in removing the appliances and furniture if the seller is unable to do so prior to the execution of the public deed of sale.
- The property will be delivered in its current rental and occupancy status, which may be vacant, occupied by a third party, leased, or in a precarious situation.
- However, if the property is free of occupants and tenants, it will be delivered in this condition, unless the property is illegally/unlawfully occupied by a third party and has not been vacated/evicted TEN (10) calendar days prior to the end of the period for the execution of the public deed of sale, in which case the purchasing party may choose between an automatic extension of the period for the formalization of the public deed of sale for a period of THIRTY (30) calendar days or terminating the contractual relationship and receiving from the seller the amount given as a deposit, without further liability for either party. In the event that the purchasing party has opted for the automatic extension of the term, if the occupant without title has not been evicted/removed, 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 shall be deemed to have been terminated by operation of law, and the seller shall return to the buyer the amounts received as a reservation and deposit, the parties being released, settled, and discharged, with no further claims against each other.
The illegal/unlawful occupation of the property covered by this contract or the failure to evict/remove the third-party occupant shall not be construed as withdrawal or breach by the seller.
- If the property is illegally occupied by third parties, without any title that legitimizes such occupation, it shall be transferred in this situation, a circumstance that is known and fully accepted by the buyer, exempting the seller from any liability.
- If the property is not free of tenants and/or squatters who are also in default of payment, it shall be transferred in this situation, a circumstance known and fully accepted by the buyer, exempting the seller from any liability for this situation.
Due to the existing situation of non-payment, at the time of transfer of ownership, no transfer or compensation of any kind will be made by the seller. In the event that the Seller has the deposit guaranteeing the contract, the Buyer shall subrogate itself in the same with the corresponding body, if it has been deposited, or the Seller shall transfer the corresponding amount to the Buyer, if it has not been used. If, in addition, there is any type of additional guarantee, the Seller shall pay the amount corresponding to the Buyer, if it consists of a sum of money and has not been used, or shall make its best efforts to ensure that the Buyer is subrogated to it. If the deposit and/or additional guarantee have been used in whole or in part, the Seller shall pay the Buyer the amounts that have not been used and, if all have been used, shall not pay any amount. In the event that the additional guarantee does not consist of a sum of money, the Buyer shall exempt the Seller from any liability in the event that it cannot be subrogated or maintained.
However, in the event that the Lessee has a right of first refusal and exercises it, the parties agree that this contract shall be terminated by operation of law and the Seller shall return to the Buyer any amounts received as a deposit, with the parties being released, settled, and discharged and having no further claims against each other.
The exercise of the right of first refusal by the Lessee shall not be construed as a withdrawal or breach by the selling party.
- If the Property/Properties had been acquired by the Seller (or the entity from which it derives) by virtue of a judicial award in foreclosure proceedings and effective possession of the same had not been taken and their physical condition, state of repair, and occupancy status were therefore unknown, they shall be delivered in this condition.
The Parties agree that the Seller shall, after the execution of this deed of sale of the Property/Properties, in the manner it deems appropriate, to the legal actions and proceedings that are currently pending, with the Buyer assuming the exercise, at its own expense and risk, of the actions it deems appropriate against the occupants of the Property/Properties—if it so wishes—and agreeing to the Seller's termination of the aforementioned legal proceedings, exempting said party from any liability in this regard.
For the purposes of the foregoing paragraph, the Seller states that in the foreclosure proceedings currently underway, a moratorium on repossession has been decreed in favor of the mortgage debtor under Law 1/2013, of May 14, on measures to strengthen the protection of mortgage debtors, debt restructuring, and social rent, which the Buyer expressly acknowledges and accepts.
- The seller declares that the property is up to date with the payment of property tax (IBI) for the tax periods in which it was liable, unless the tax has not been levied, in which case the following paragraph shall apply.
Likewise, it is hereby stated that the property tax (IBI) corresponding to the year in which the deed is executed shall be paid between the seller and the buyer on a pro rata basis for the period of time during which each party has been the owner during the year. This same criterion shall apply to any other applicable taxes, fees, levies, or contributions, such as garbage or urban waste collection fees, metropolitan fees or taxes, driveway fees, or others that may be applicable, except for property taxes or those that tax the generation of income or revenue and not ownership or enjoyment or use.
In the event that any amount of property tax corresponding to tax periods in which the seller was not liable for said tax prior to the date of registration due to the real encumbrance of the property or properties transferred is claimed from the buyer by way of derivation of liability, the buyer must inform the seller within 7 calendar days of the claim for the respective amount, and always within the voluntary payment period, once the competent public body has resolved the corresponding insolvency and derivation proceedings necessary to make the payment.
Any surcharge, late payment or interest, or non-appealable error arising from failure to notify the seller of the referral within the aforementioned period shall be borne by the buyer.
- The seller, as the owner of the property, declares that it is or will be up to date with the payment of the fees of its ownership of the Community of Owners that legally affect the property on the date of the deed.
At the time of execution of the deed for this Purchase Agreement, the seller shall provide the buyer with the corresponding certificate from the Homeowners' Association indicating the status of any outstanding debts. If for any reason this cannot be obtained, the buyer shall exempt the seller from this obligation, and the seller shall acquire in the deed the obligation to pay any duly justified outstanding fees that legally affect the property until the date of execution of the deed.
The parties agree that, in the event that it has been approved before the signing of this private purchase agreement with a deposit or is approved after it has been signed and before the public deed of sale is executed, any additional charges or extraordinary fees, the seller shall be responsible for the fees incurred until the execution of the public deed of sale, and the buyer shall pay those incurred thereafter.
- In the Autonomous Communities of Catalonia and the Balearic Islands, if the property does not have a Certificate of Occupancy and the seller is in the process of obtaining one, the following shall apply:
If the seller has not obtained the certificate of occupancy 10 calendar days prior to the formalization of the public deed of sale, the deadline for formalizing 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 by the end of the extension period provided for in the previous paragraph, the buyer may choose between terminating this contract, in which case the seller must return the amounts paid, or extending the deadline for signing the deed for a further 30 calendar days.
In the event that the buyer 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 period again and, in the absence of an agreement, the parties agree that this contract shall be deemed to have been terminated by operation of law, and the seller shall return to the buyer the amounts received as a reservation and deposit, the parties being released, settled, and discharged, with no further claims between them.
Failure to obtain the certificate of occupancy shall not be considered grounds for withdrawal or breach under the terms of clause five of this contract.
- In the Autonomous Community of the Balearic Islands, if the property does not have a Certificate of Occupancy and the selling party is not in the process of obtaining one, it will be delivered in this situation and it is expressly stated that the property covered by this contract does not have a certificate, certificate of classification or license of occupancy or first use, and the buyer exempts the seller, now and in the future, from providing the corresponding certificate of occupancy, without prejudice to the notary granting the deed of sale making the corresponding warnings at the appropriate time, and with full indemnity for the seller.
In any case, the buyer exempts the seller from any liability in the event of refusal of the certificate and in cases where the certificate of occupancy or license for first use is not provided, both now and in the future.
- In the Autonomous Community of Catalonia, if the property does not have a certificate of occupancy and the seller is not in the process of obtaining one, it will be delivered in this situation and the buyer will exempt the seller, both now and in the future, from providing it, with full indemnity for the seller. In addition, the buyer shall exempt the seller from any liability in the event of refusal of the certificate in cases where the certificate of occupancy or corresponding exemption certificates are not provided, both now and in the future.
- If the seller does not have possession of the property, it does not and will not deliver to the buyer the energy efficiency certificate or the energy rating label corresponding to the property being sold, expressly exempting the buyer from this obligation in this document and in the public deed, and reiterating the buyer's willingness to formalize the transfer, regardless of the result of the aforementioned energy efficiency certificate.
- In the Autonomous Community of Catalonia, the buyer shall exempt the seller, at the time of execution of the public deed of sale, from the Building Technical Inspection report and the certificate of suitability.
- In the Autonomous Community of Valencia, if the property has been declared vacant by the authorities, for the purposes of the provisions of Article 28 of Decree 130/21, of October 1, of the Regional Government, approving the Regulations for the mobilization of empty and uninhabited dwellings, the Seller shall inform the Buyer that the dwelling(s) covered by this contract has/have been declared uninhabited, or is/are subject to the procedure for its/their declaration as such. Thus, in accordance with sections 2 and 3 of the aforementioned article, the parties—when the transfer of the dwelling(s) is formalized—must notify the competent Directorate General within fifteen days, and the Buyer may prove that they are not considered a large holder for the purposes of filing proceedings or loss of effectiveness of the declaration of uninhabited status.
- In the Autonomous Community of Valencia, if there is no record of an administrative declaration of vacancy for the property, in relation to Article 28 of Decree 130/21, of October 1, of the Regional Government, approving the Regulations for the mobilization of vacant and uninhabited dwellings, the Seller declares that, to the best of its knowledge and belief, the dwelling(s) covered by this contract has/have not been declared uninhabited, nor is/are it/they subject to any proceedings to declare it/them as such. This contract has been entered into by the parties, taking into account the current situation of the property/properties as stated in this section. Therefore, if between the signing of this contract and the formalization of the public deed of sale, the property/properties are declared uninhabited, proceedings are initiated to declare them as such, or the existence of a declaration prior to the signing of this contract becomes known, the Seller shall notify the Buyer, who may then terminate this contract, without this termination being understood to constitute a withdrawal for the purposes of this contract. Therefore, the Buyer may demand the return of the amount paid as a deposit, without the Buyer having the right to demand from the other party the payment of any additional compensation or indemnity or interest, and the Property shall regain full availability of the Property/Properties.
- Any bank charges or commissions incurred in connection with the payment of the price shall be borne by and charged to the buyer, regardless of which bank charges such commission or requires payment, such as commissions for transfers made from abroad or other similar charges. If charged to the seller, the amount must be paid by the buyer at the time of the transfer, signing of the contract, or execution of the public deed of sale, said payment being essential for the seller, and if it has not been made by the buyer, the seller may withdraw without penalty or liability or obligation to refund any amount to the buyer.
- The public deed of sale shall be executed before a notary within a maximum period of forty-five (45) calendar days if the person requires financing and ten (10) calendar days if the purchase is made in cash, counting from the signing of the purchase agreement as a deposit. The buyer must indicate before signing the deposit agreement whether or not they require financing. In Catalonia, the period shall be fifty (50) days, in accordance with Catalan regional regulations, and ten (10) calendar days if the purchase is made in cash.
These terms may be modified in cases where there is a right of first refusal on the property covered by the contract. In such cases, if the owner exercises the right of first refusal on the property, the parties agree that this contract shall be terminated by operation of law and the seller shall return to the buyer any amounts received as a reservation and deposit, with the parties being released, settled, and discharged and having no further claims against each other.
If the property is undergoing renovation and is delivered once the renovation is complete, the public deed shall be executed within 30 days (35 days in Catalonia), if financing is required, or within 10 days of the seller notifying the buyer of the completion of the work.
The deadlines may also be extended if the property, owned by the seller, is pending registration in the Property Registry, in which case the deadline for executing the public deed will be 30 days (if financed) // 10 calendar days (if paid in cash) from the date on which the seller sends the buyer the simple note certifying its registered ownership.
The buyer may also request a direct deed, which must be expressly accepted by the owner, in which case the public deed of sale will be executed before a notary within thirteen (13) calendar days from the date of acceptance of the offer.
- If the property is sold in a state of renovation, it will be delivered once the renovation is complete, without prejudice to any repairs or adjustments that may be necessary after the deed has been signed, in accordance with the law. The work shall be deemed to be completed when the seller sends the appraisal report to the buyer, unless the seller does not arrange for the appraisal, in which case the completion of the work shall be indicated by the seller to the buyer.
The renovation and its finish are subject to possible modifications required or necessary for the completion of the work, without prejudice to any repairs or adjustments subsequent to the deed that may be required by law.
- The amount of the earnest money deposit, which shall be understood to be paid on account of the price, shall be 10% of the accepted price. Payment of this amount shall not be deemed to have been made until it has been received in the seller's bank account, which must be immediately confirmed by the buyer to the seller, and once the payment of this amount has been received and justified/confirmed, this signed document shall be deemed to be a letter of payment of said amount. The remainder of the price shall be paid by the buyer to the seller, without interest, on the day of the notarization of this PURCHASE AGREEMENT, by bank check or OMF bank transfer.
- The Buyer shall notify the Seller by email of the specific date and time of the execution of the Deed, and such notification must be made at least five (5) business days prior to the date chosen by the Buyer for the execution of the Deed in accordance with the term set forth in clause THREE. The notary or notaries where the deed is to be executed shall be indicated by the Seller to the Buyer, who shall choose from among those indicated, which must be located in the province where the property is located.
- The execution of the deed shall entail the transfer of ownership of the property, in its current state of lease, possession, encumbrances, occupants, expenses, and taxes, under the terms set forth above.
- All expenses and taxes arising from this sale and its registration in a public deed shall be paid by the buyer, except for the Tax on the Increase in the Value of Urban Land (Municipal Capital Gains Tax), which shall be paid by the seller.
- The sale shall be subject to Property Transfer Tax (ITP/TPO), Value Added Tax (VAT) or Canary Islands General Indirect Tax (IGIC), depending on the type of property and the transaction.
- This is a purchase agreement with a penalty deposit subject to articles 1454 of the Civil Code and, in Catalonia, article 621-8.2 of Book VI of the Civil Code of Catalonia, so that the parties may withdraw from the purchase agreement, with the buyer agreeing to forfeit the deposit or the seller agreeing to return double the deposit, within the terms agreed below:
- In the event of withdrawal or breach by the seller, the buyer shall be entitled to double the amount given as earnest money as reflected in the second stipulation of this contract.
- In the event of withdrawal or breach by the buyer, the seller shall be entitled to terminate the obligation to sell, retaining the amount paid as a deposit in this agreement as compensation for damages.
Prior to the execution of the public deed of sale, the parties may exercise the right derived from said article.
For the withdrawal to be considered valid, it shall suffice for the exercising party to notify the other party in any reliable manner, whether ordinary or electronic, and it shall also be considered tacitly produced by the fact that such right has not been exercised by the date set for the signing of the deed, provided that said deed is not granted for reasons attributable to the withdrawing party.
Specifically, and by way of example, the following shall be understood as withdrawal from this contract:
(i) The BUYER, if it fails to notify the SELLER of the date and time of the signing of the public deed of sale, in accordance with the terms of this contract, or if, having done so, it fails to appear at the signing, except in cases of force majeure or unforeseeable circumstances.
(ii) The SELLER, if notified of the date and time of the execution of the Deed, fails to appear at said act, except in cases of force majeure or unforeseeable circumstances.
(iii) The BUYER or the SELLER, as the case may be, if, upon appearing at the execution of the Public Deed of sale on the appointed day and time, said Deed is not executed for reasons attributable to the party that withdraws.
(iv) The BUYER, if it fails to comply with the payment milestones outlined in the second provision of this contract.
Likewise, any other breach of the obligations arising from this contract shall be understood as withdrawal by the buyer.
The exercise of preemptive rights that a third party may have over the property shall not be understood as withdrawal or breach by the seller.
- Special Conditions of the Offer to Purchase an Apartment from CLIKALIA ASSET MANAGEMENT – ARQUIA_Suelo:
- The seller sells the property to the buyer, who purchases and accepts the property as is, except for any security alarm installed on the property, other security systems other than the above, and any movable property on the property, in which case the following paragraphs shall apply; in addition, the property is sold with all rights, uses, services, limitations, and easements, apparent or not, that are inherent and accessory to it, in its physical, legal, urban, administrative, geotechnical, environmental, pollution, archaeological, cadastral, registry, conservation, licensing, maintenance, rental, possession, and occupancy, and encumbrances and restrictions that the purchasing party declares to know and accept, being up to date with the payment of taxes affecting the property for which the seller is liable.
- The Buyer hereby undertakes to carry out any consultations, investigations, and analyses it deems appropriate regarding the "condition" of the Properties and agrees to purchase the Properties in their current "condition."
- The Buyer acknowledges and accepts that the status of encumbrances on the Properties, whether registered or legal, is as stated in the simple informative notes, with full indemnity for the Seller.
- Given that the Property/Properties covered by this Agreement have been acquired by the Seller in the condition described herein, and that this is an essential factor in determining the purchase price, the Buyer expressly waives, at the time of execution of the public deed of sale, to take any action against the Property for rectification under the terms and to the extent authorized by the Civil Code and agrees to include in the Deed of Sale a clause expressly waiving any claim relating to rectification for apparent defects or hidden defects and rectification in the event of eviction from the Properties referred to in this Agreement.
- Any temporary security systems that may be installed on the property are security measures contracted by the seller and are not part of this contract. Once the public deed of sale has been executed, the seller shall coordinate with the buyer the removal of any security systems, if any. The security measures provided for in this paragraph have a daily cost that will be borne by the buyer from the day after the deed is executed until their uninstallation.
- The Purchasing Party declares that it is aware of the urban planning situation and encumbrances affecting the property and shall be responsible, in all cases, for (i) the amount corresponding to the urbanization fee applicable to the Property, and (ii) where applicable, the urbanization obligations, monetization of mandatory transfers and/or those arising from urban planning agreements and/or any other commitments assumed before the Administration acting or imposed or required by applicable regulations, holding the seller harmless from any liability in this regard.
- The Seller makes no representation or warranty regarding the urban planning status of the Property. The Buyer is aware of and accepts the urban planning situation of the Property in its entirety, assuming, where applicable, (including but not limited to) any (i) urbanization costs; (ii) urban planning regularization or penalties imposed on the Property (iii) administrative procedures for the development of the Property; (iv) outstanding urban development obligations, obligations to monetize compulsory transfers and/or those arising from urban planning agreements; (v) obligations assumed towards Urban Conservation Entities of which the Property may form part; (vi) other commitments assumed with public administrations in relation to compliance with any urban planning obligations due to the ownership of the Property, undertaking to hold the Seller harmless for any urban development costs, including (but not limited to) any outstanding obligations, specifically including any possible revaluation of the Property, undertaking to hold the Seller harmless for any costs and expenses arising from the foregoing or any others arising from the urban planning, registration, or cadastral situation.
That the property will be delivered in its current environmental condition, such that if the Seller is aware that it has been subject to soil contamination processes, either by the Seller or by previous owners and/or occupants, this will be stated and communicated as such, a circumstance known and accepted by the Buyer.
The Seller shall not be liable to the Buyer for any environmental contingency in the Property, whether due to actions or omissions prior to or after the Date of the Deed of Sale, including but not limited to any potentially polluting activities provided for in Article 98 of Law 07/2022 of April 8 on waste and contaminated soil for a circular economy and in Royal Decree 9/2005 of January 14, and in the event of a third-party claim against the Seller and/or the Property in this regard, the Buyer shall hold the Seller harmless.
The Buyer shall acquire the Properties in their current condition and shall therefore be responsible for any cleaning, debris removal, demolition, or other similar expenses that may be necessary in relation to the Properties, if applicable.
The Buyer shall acquire the Property/Properties in their current condition, and therefore the Seller shall not be liable for any furniture, appliances, and/or items with which the Property/Properties are equipped, nor for their condition or functioning.
Furthermore, if the Seller is aware that waste that may be classified as hazardous in accordance with the provisions of Law 7/2022 of April 8 on waste and contaminated soil for a circular economy has been left on the Property in an apparent state of abandonment by the previous owner. Such waste is not covered by this deposit and subsequent sale, and the Seller will not deliver it to the Buyer on the day the public deed of sale is formalized. In this regard, the Buyer is aware of the obligation to undertake the management of the waste existing inside the Property prior to the formalization of the sale.
- That the property will be delivered in its current rental and occupancy status, which may be vacant, occupied by a third party, leased, or in a precarious situation.
- However, if the property is free of occupants and tenants, it will be handed over in this condition, unless the property is illegally/unlawfully occupied by a third party and has not been vacated/evicted within TEN (10) calendar days prior to the end of the period for the execution of the public deed of sale, in which case the purchasing party may choose between an automatic extension of the period for the formalization of the public deed of sale for a period of THIRTY (30) calendar days or terminate the contractual relationship, receiving from the seller the amount given as a deposit and without further liability for either party. In the event that the purchasing party has opted for the automatic extension of the term, if the occupant without title has not been evicted/removed, 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 shall be deemed to have been terminated by operation of law, and the seller shall return to the buyer the amounts received as a reservation and deposit, the parties being released, settled, and discharged, with no further claims between them.
The illegal/unlawful occupation of the property covered by this contract or the failure to evict/remove the third-party occupant shall not be construed as withdrawal or breach by the seller.
- If the property is illegally occupied by third parties, without any title that legitimizes such occupation, it shall be transferred in this situation, a circumstance known and fully accepted by the buyer, exempting the seller from any liability.
- If the property is not free of tenants and/or squatters who are also in default of payment, it shall be transferred in this situation, a circumstance known and fully accepted by the buyer, exempting the seller from any liability for this situation.
Due to the existing situation of non-payment, at the time of transfer of ownership, no transfer or compensation of any kind will be made by the seller. In the event that the Seller has the deposit guaranteeing the contract, the Buyer shall subrogate itself in the same with the corresponding body, if it has been deposited, or the Seller shall transfer the corresponding amount to the Buyer, if it has not been used. If, in addition, there is any type of additional guarantee, the Seller shall pay the amount corresponding to the Buyer, if it consists of a sum of money and has not been used, or shall make its best efforts to ensure that the Buyer is subrogated to it. If the deposit and/or additional guarantee have been used in whole or in part, the Seller shall pay the Buyer the amounts that have not been used and, if all have been used, shall not pay any amount. In the event that the additional guarantee does not consist of a sum of money, the Buyer shall exempt the Seller from any liability in the event that it cannot be subrogated or maintained.
However, in the event that the Lessee has a right of first refusal and exercises it, the parties agree that this contract shall be terminated by operation of law and the Seller shall return to the Buyer any amounts received as a deposit, with the parties being released, settled, and discharged and having no further claims against each other.
The exercise of the right of first refusal by the Lessee shall not be construed as a withdrawal or breach by the selling party.
- If the Property/Properties had been acquired by the Seller (or the entity from which it derives) by virtue of a judicial award in foreclosure proceedings and effective possession of the same had not been taken and their physical condition, state of repair, and occupancy status were therefore unknown, they shall be delivered in this condition.
The Parties agree that the Seller shall, after the execution of this deed of sale of the Property/Properties, in the manner it deems appropriate, and the Buyer shall assume the exercise, at its own expense and risk, of any actions it deems appropriate against the occupants of the Property/Properties, if it so wishes, agreeing that the Seller may terminate the aforementioned legal proceedings, exempting the Seller from any liability in this regard.
- The seller declares that the Property is up to date with the payment of Property Tax (IBI) for the tax periods in which it was liable, unless the tax has not been levied, in which case the following paragraph shall apply.
Likewise, it is hereby stated that the IBI corresponding to the year in which the deed is executed shall be paid between the seller and the buyer on a pro rata basis for the period of time in which each has been the owner during the year. This same criterion shall apply to any other applicable taxes, fees, levies, or contributions, such as garbage or urban waste collection fees, metropolitan fees or taxes, driveway fees, or others that may be applicable, except for property taxes or those that tax the generation of income or revenue and not ownership or enjoyment or use.
In the event that any amount of property tax corresponding to tax periods in which the seller was not liable for said tax prior to the date of registration due to the real encumbrance of the property or properties transferred is claimed from the buyer by way of derivation of liability, the buyer must inform the seller within 7 calendar days of the claim for the respective amount, and always within the voluntary payment period, once the competent public body has resolved the corresponding insolvency and derivation proceedings necessary to make the payment.
Any surcharge, late payment fee, interest, or non-appealable error arising from failure to notify the seller of the referral within the aforementioned period shall be borne by the buyer.
- Any bank charges or commissions generated by the payment of the price shall be borne by and are the responsibility of the buyer, regardless of the bank that charges said commission or requires payment, such as commissions for transfers made from a foreign country or other similar charges. If charged to the seller, the amount must be paid by the buyer at the time of the transfer, signing of the contract, or execution of the public deed of sale, said payment being essential for the seller, and if it has not been made by the buyer, the seller may withdraw without penalty or liability or obligation to refund any amount to the buyer.
- The amount of the earnest money deposit, which shall be understood to be paid on account of the price, shall be 10% of the accepted price. Payment of this amount shall not be deemed to have been made until it has been received in the seller's bank account, which must be immediately confirmed by the buyer to the seller, and once the payment of this amount has been received and justified/confirmed, this signed document shall be deemed to be a letter of payment of said amount. The remainder of the price shall be paid by the buyer to the seller, without interest, on the day of the notarization of this PURCHASE AGREEMENT, by bank check or OMF bank transfer.
- The public deed of sale shall be executed before a notary within a maximum period of forty-five (45) calendar days if the person requires financing and ten (10) calendar days if the purchase is made in cash, counting from the signing of the purchase agreement as a deposit. The buyer must indicate before signing the deposit agreement whether or not they require financing. In Catalonia, the period shall be fifty (50) days, in accordance with Catalan regional regulations, and ten (10) calendar days if the purchase is made in cash.
These terms may be modified in cases where there is a right of first refusal on the property covered by the contract. In such cases, if the owner exercises the right of first refusal on the property, the parties agree that this contract shall be terminated by operation of law and the seller shall return to the buyer any amounts received as a reservation deposit and earnest money, with the parties being released, settled, and discharged from any further claims against each other.
The deadlines may also be extended if the property, being owned by the seller, is pending registration in the Property Registry, in which case the deadline for the execution of the public deed shall be 30 days (if financed) // 10 calendar days (if paid in cash) from the date on which the seller sends the buyer the simple note certifying its registered ownership.
The buyer may also request a direct deed, which must be expressly accepted by the owner, in which case the public deed of sale will be executed before a notary within thirteen (13) calendar days from the date of acceptance of the offer.
- The Buyer shall notify the Seller by email of the specific date and time of the execution of the Deed, and such notification must be made at least five (5) business days prior to the date chosen by the Buyer for the execution of the Deed in accordance with the term set forth in clause THREE. The notary or notaries where the deed is to be executed shall be indicated by the Seller to the Buyer, who shall choose from among those indicated, which must be located in the province where the property is located.
- The execution of the deed shall entail the transfer of ownership of the property, in its current state of lease, possession, encumbrances, occupants, expenses, and taxes, under the terms set forth above.
- All expenses and taxes arising from this sale and its registration in a public deed shall be paid by the buyer, except for the Tax on the Increase in the Value of Urban Land (Municipal Capital Gains Tax), which shall be paid by the seller.
- The sale shall be subject to Property Transfer Tax (ITP/TPO), Value Added Tax (VAT) or Canary Islands General Indirect Tax (IGIC), depending on the type of property and the transaction.
- This is a purchase agreement with a penalty deposit subject to articles 1454 of the Civil Code and, in Catalonia, article 621-8.2 of Book VI of the Civil Code of Catalonia, so that the parties may withdraw from the purchase agreement, with the buyer agreeing to forfeit the deposit or the seller agreeing to return double the deposit, within the terms agreed below:
- In the event of withdrawal or breach by the seller, the buyer shall be entitled to double the amount given as earnest money as reflected in the second stipulation of this contract.
- In the event of withdrawal or breach by the buyer, the seller shall be entitled to terminate the obligation to sell, retaining the amount paid as a deposit herein as compensation for damages.
Prior to the sale being recorded in a public deed, the parties may exercise the right derived from said article.
For the withdrawal to be considered valid, it shall suffice for the exercising party to notify the other party in any reliable manner, whether ordinary or electronic, and it shall also be considered tacitly produced by the fact that such right has not been exercised by the date set for the signing of the deed, provided that said deed is not granted for reasons attributable to the withdrawing party.
Specifically, and by way of example, the following shall be understood as withdrawal from this contract:
(i) The BUYER, if it fails to notify the SELLER of the date and time of the signing of the public deed of sale, in accordance with the terms of this contract, or if, having done so, it fails to appear at the signing, except in cases of force majeure or unforeseeable circumstances.
(ii) The SELLER, if notified of the date and time of the execution of the Deed, fails to appear at said act, except in cases of force majeure or unforeseeable circumstances.
(iii) The BUYER or the SELLER, as the case may be, if, upon appearing at the execution of the Public Deed of sale on the appointed day and time, said Deed is not executed for reasons attributable to the party that withdraws.
(iv) The BUYER, if it fails to comply with the payment milestones outlined in the second provision of this contract.
Likewise, any other breach of the obligations arising from this contract shall be understood as withdrawal by the buyer.
The exercise of preemptive rights that a third party may have over the property shall not be understood as withdrawal or breach by the seller.
- Special Conditions of the Offer to Purchase an Apartment from CLIKALIA ASSET MANAGEMENT – ARQUIA_Premises or garage:
- The seller sells the property to the buyer, who purchases and accepts the property as is, except for any security alarm installed on the property, the anti-squatting security door, anti-squatting panels, and other security systems different from the above, as well as any movable property on the property, in which case the following paragraphs shall apply. in addition, the property is sold with all rights, uses, services, limitations, and easements, apparent or not, that are inherent and accessory to it, in its physical, legal, urban, administrative, geotechnical, environmental, pollution, archaeological, cadastral, registry, conservation, licensing, maintenance, rental, possession, and occupancy, and encumbrances and restrictions that the purchasing party declares to know and accept, being up to date with the payment of taxes affecting the property for which the seller is liable.
The Buyer hereby undertakes to carry out any consultations, investigations, and analyses it deems appropriate regarding the "condition" of the Properties and agrees to purchase the Properties in their current "condition."
The Buyer acknowledges and accepts that the status of encumbrances on the Properties, whether registered or legal, is as stated in the simple informative notes, with full indemnity for the Seller.
Given that the Property/Properties covered by this Agreement have been acquired by the Seller in the condition described herein, and that this is an essential factor in determining the purchase price, the Buyer expressly waives, at the time of execution of the public deed of sale, to take any action against the Property for hidden defects under the terms and to the extent authorized by the Civil Code and agrees to include in the Deed of Sale a clause expressly waiving any claim relating to apparent defects or hidden defects and eviction from the Properties referred to in this Agreement.
The Anti-Occupation Security Door or PAO, Anti-Occupation Panels, and other temporary security systems that may be installed on the property are security measures contracted by the seller and are not part of this contract. Once the public deed of sale has been executed, the seller shall coordinate with the buyer the removal of the PAO and any other security systems, if any, in the same condition and situation in which they were delivered by the seller; and it shall be the sole responsibility of the buyer to provide a private door to replace it. The security measures provided for in this paragraph have a daily cost that shall be borne by the buyer from the day after the deed is executed until their removal.
- The Seller makes no representation or warranty regarding the urban status of the Property. The Buyer is aware of and accepts the urban planning situation of the Property in its entirety, assuming, where applicable, (including but not limited to) any (i) urbanization costs; (ii) urban planning regularization or penalties imposed on the Property (iii) administrative procedures for the development of the Property; (iv) outstanding urban development obligations, obligations to monetize compulsory transfers and/or those arising from urban planning agreements; (v) obligations assumed towards Urban Conservation Entities of which the Property may form part; (vi) other commitments assumed with public administrations in relation to compliance with any urban planning obligations due to the ownership of the Property, undertaking to hold the Seller harmless for any urban development costs, including (by way of example, but not limited to) any outstanding obligations, specifically including any possible revaluation of the Property, undertaking to hold the Seller harmless for any costs and expenses arising from the foregoing or any others arising from the urban planning, registration, or cadastral situation.
That the property will be delivered in its current environmental condition, such that if the Seller is aware that it has been subject to soil contamination processes, either by the Seller or by previous owners and/or occupants, this will be stated and communicated as such, a circumstance known and accepted by the Buyer.
The Seller shall not be liable to the Buyer for any environmental contingency in the Property, whether due to actions or omissions prior to or after the Date of the Deed of Sale, including but not limited to any potentially polluting activities provided for in Article 98 of Law 07/2022 of April 8 on waste and contaminated soil for a circular economy and in Royal Decree 9/2005 of January 14, and in the event of a third-party claim against the Seller and/or the Property in this regard, the Buyer shall hold the Seller harmless.
The Buyer shall acquire the Properties in their current condition and shall therefore be responsible for any cleaning, debris removal, demolition, or other similar expenses that may be necessary in relation to the Properties, if applicable.
The Buyer shall acquire the Property/Properties in their current condition, and therefore the Seller shall not be liable for any furniture, appliances, and/or items with which the Property/Properties are equipped, nor for their condition or functioning.
Furthermore, if the Seller is aware that waste that may be classified as hazardous in accordance with the provisions of Law 7/2022 of April 8 on waste and contaminated soil for a circular economy has been left on the Property in an apparent state of abandonment by the previous owner. Such waste is not covered by this deposit and subsequent sale, and the Seller will not deliver it to the Buyer on the day the public deed of sale is formalized. In this regard, the Buyer is aware of the obligation to undertake the management of the waste existing inside the Property prior to the formalization of the sale.
- That the property will be delivered in its current rental and occupancy status, which may be vacant, occupied by a third party, leased, or in a precarious situation.
- However, if the property is free of occupants and tenants, it will be delivered in this condition, unless the property is illegally/unlawfully occupied by a third party and has not been vacated/evicted TEN (10) calendar days prior to the end of the period for the execution of the public deed of sale, in which case the purchasing party may choose between an automatic extension of the period for the formalization of the public deed of sale for a period of THIRTY (30) calendar days or terminating the contractual relationship and receiving from the seller the amount given as a deposit, without further liability for either party. In the event that the purchasing party has opted for the automatic extension of the term, if the occupant without title has not been evicted/removed, 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 shall be deemed to have been terminated by operation of law, and the seller shall return to the buyer the amounts received as a reservation and deposit, the parties being released, settled, and discharged, with no further claims between them.
The illegal/unlawful occupation of the property covered by this contract or the failure to evict/remove the third-party occupant shall not be construed as withdrawal or breach by the seller.
- If the property is illegally occupied by third parties, without any title that legitimizes such occupation, it shall be transferred in this situation, c Circumstance known and fully accepted by the buyer, exempting the seller from any liability.
- If the property is not free of tenants and/or squatters who are also in default of payment, it will be transferred in this situation, a circumstance known and fully accepted by the buyer, exempting the seller from any liability for this situation.
Due to the existing situation of non-payment, at the time of transfer of ownership, no transfer or compensation of any kind will be made by the seller. In the event that the Seller has the deposit guaranteeing the contract, the Buyer shall subrogate itself in the same with the corresponding body, if it has been deposited, or the Seller shall transfer the corresponding amount to the Buyer, if it has not been used. If, in addition, there is any type of additional guarantee, the Seller shall pay the corresponding amount to the Buyer, if it consists of a sum of money and has not been used, or shall make its best efforts to ensure that the Buyer is subrogated to it. If the deposit and/or additional guarantee have been used in whole or in part, the Seller shall pay the Buyer the amounts that have not been used and, if all have been used, shall not pay any amount. In the event that the additional guarantee does not consist of a sum of money, the Buyer shall exempt the Seller from any liability in the event that it cannot be subrogated or maintained.
However, in the event that the Lessee has a right of first refusal and exercises it, the parties agree that this contract shall be terminated by operation of law and the Seller shall return to the Buyer the amounts received as a deposit, with the parties being released, settled, and discharged and having no further claims against each other.
The exercise of the right of first refusal by the Lessee shall not be construed as a withdrawal or breach by the selling party.
- If the Property/Properties had been acquired by the Seller (or the entity from which it derives) by virtue of a judicial award in foreclosure proceedings and effective possession of the same had not been taken and their physical condition, state of repair, and occupancy status were therefore unknown, they shall be delivered in this condition.
The Parties agree that the Seller shall terminate, after the execution of this deed of sale of the Property/Properties, in the manner it deems appropriate, and that the Buyer shall assume the exercise, at its own expense and risk, of any actions it deems appropriate against the occupants of the Property/Properties, if it so wishes, agreeing that the Seller may terminate the aforementioned legal proceedings, exempting the Seller from any liability in this regard.
- The seller declares that the Property is up to date with the payment of Property Tax (IBI) for the tax periods in which it was liable, unless the tax has not been levied, in which case the following paragraph shall apply.
Likewise, it is hereby stated that the IBI corresponding to the year in which the deed is executed shall be paid between the seller and the buyer on a pro rata basis for the period of time in which each has been the owner during the year. This same criterion shall apply to any other applicable taxes, fees, levies, or contributions, such as garbage or urban waste collection fees, metropolitan fees or taxes, driveway fees, or others that may be applicable, except for property taxes or those that tax the generation of income or revenue and not ownership or enjoyment or use.
In the event that any amount of property tax corresponding to tax periods in which the seller was not liable for said tax prior to the date of registration due to the real encumbrance of the property or properties transferred is claimed from the buyer by way of derivation of liability, the buyer must inform the seller within 7 calendar days of the claim for the respective amount, and always within the voluntary payment period, once the competent public body has resolved the corresponding insolvency and derivation proceedings necessary to make the payment.
Any surcharge, late payment fee, interest, or non-appealable error arising from failure to notify the seller of the referral within the aforementioned period shall be borne by the buyer.
- The seller, as the owner of the property, declares that it is or will be up to date with the payment of the fees of its ownership of the Community of Owners that legally affect the property on the date of the deed.
At the time of execution of the deed for this Purchase Agreement, the seller shall provide the buyer with the corresponding certificate from the Homeowners' Association indicating the status of any outstanding debts. If for any reason this cannot be obtained, the buyer shall exempt the seller from this obligation, and the seller shall acquire in the deed the obligation to pay any duly justified outstanding fees that legally affect the property until the date of execution of the deed.
The parties agree that, in the event that it has been approved before the signing of this private purchase agreement with a deposit or is approved after it has been signed and before the public deed of sale is executed, any additional charges or extraordinary fees, the seller shall be responsible for the fees incurred until the execution of the public deed of sale, and the buyer shall pay those incurred thereafter.
- In the Autonomous Community of the Balearic Islands, if the property does not have a Certificate of Occupancy and the seller is in the process of obtaining one, the following shall apply:
If the seller has not obtained the certificate of occupancy 10 calendar days prior to the formalization of the public deed of sale, the deadline for formalizing 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 by the end of the extension period provided for in the previous paragraph, the buyer may choose between terminating this contract, in which case the seller must return the amounts paid, or extending the deadline for signing the deed again for a further 30 calendar days.
In the event that the buyer 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 period again and, in the absence of an agreement, the parties agree that this contract shall be deemed to have been terminated by operation of law, and the seller shall return to the buyer the amounts received as a reservation and deposit, the parties being released, settled, and discharged, with no further claims between them.
Failure to obtain the certificate of occupancy shall not be considered grounds for withdrawal or breach under the terms of clause five of this contract.
- In the Autonomous Community of the Balearic Islands, if the property does not have a Certificate of Occupancy and the selling party is not in the process of obtaining one, it will be delivered in this situation and it is expressly stated that the property covered by this contract does not have a certificate, certificate of classification or license of occupancy or first use, and the buyer exempts the seller, now and in the future, from providing the corresponding certificate of occupancy, without prejudice to the notary granting the deed of sale making the corresponding warnings at the appropriate time, and with full indemnity for the seller.
In any case, the buyer exempts the seller from any liability in the event of refusal of the certificate and in cases where the certificate of occupancy or license for first use is not provided, both now and in the future.
- If the property is commercial premises and the seller does not have possession of it, they shall not deliver to the buyer the energy efficiency certificate or the energy rating label corresponding to the property being sold, expressly exempting the buyer from this obligation in this document and in the public deed, and reiterating the buyer's willingness to formalize the transfer, with the result of the aforementioned energy efficiency certificate being completely irrelevant.
- In the Autonomous Community of Catalonia, the buyer shall exempt the seller, at the time of execution of the public deed of sale, from the Building Technical Inspection report and the certificate of suitability.
- Any bank charges or commissions incurred in connection with the payment of the purchase price shall be borne by and payable to the buyer, regardless of which bank charges such commission or requires payment, such as commissions for transfers made from abroad or other similar charges. If charged to the seller, the amount must be paid by the buyer at the time of the transfer, signing of the contract, or execution of the public deed of sale, said payment being essential for the seller, and if it has not been made by the buyer, the seller may withdraw without penalty or liability or obligation to refund any amount to the buyer.
- The public deed of sale shall be executed before a notary within a maximum period of forty-five (45) calendar days if the person requires financing and ten (10) calendar days if the purchase is made in cash, counting from the signing of the purchase agreement as a deposit. The buyer must indicate before signing the deposit agreement whether or not they require financing. In Catalonia, the period shall be fifty (50) days, in accordance with Catalan regional regulations, and ten (10) calendar days if the purchase is made in cash.
These terms may be modified in cases where there is a right of first refusal on the property covered by the contract. In such cases, if the owner exercises the right of first refusal on the property, the parties agree that this contract shall be terminated by operation of law and the seller shall return to the buyer any amounts received as a reservation deposit and earnest money, with the parties being released, settled, and discharged from any further claims against each other.
The deadlines may also be extended if the property, being owned by the seller, is pending registration in the Property Registry, in which case the deadline for the execution of the public deed shall be 30 days (if financed) // 10 calendar days (if paid in cash) from the date on which the seller sends the buyer the simple note certifying its registered ownership.
The buyer may also request a direct deed, which must be expressly accepted by the owner, in which case the public deed of sale will be executed before a notary within thirteen (13) calendar days from the date of acceptance of the offer.
- The amount of the earnest money deposit, which shall be understood to be paid on account of the price, shall be 10% of the accepted price. Payment of this amount shall not be deemed to have been made until it has been received in the seller's bank account, which must be immediately confirmed by the buyer to the seller, and once the payment of this amount has been received and justified/confirmed, this signed document shall be deemed to be a letter of payment for said amount. The remainder of the price shall be paid by the buyer to the seller, without interest, on the day of the notarization of this PURCHASE AGREEMENT, by bank check or OMF bank transfer.
- The Buyer shall notify the Seller by email of the specific date and time of the execution of the Deed, and such notification must be made at least five (5) business days prior to the date chosen by the Buyer for the execution of the Deed in accordance with the term set forth in clause THREE. The notary or notaries where the deed is to be executed shall be indicated by the Seller to the Buyer, who shall choose from among those indicated, which must be located in the province where the property is located.
- The execution of the deed shall entail the transfer of ownership of the property, in its current state of lease, possession, encumbrances, occupants, expenses, and taxes, under the terms set forth above.
- All expenses and taxes arising from this sale and its registration in a public deed shall be paid by the buyer, except for the Tax on the Increase in the Value of Urban Land (Municipal Capital Gains Tax), which shall be paid by the seller.
- The sale shall be subject to Property Transfer Tax (ITP/TPO), Value Added Tax (VAT) or Canary Islands General Indirect Tax (IGIC), depending on the type of property and the transaction.
- This is a purchase agreement with a penalty deposit subject to articles 1454 of the Civil Code and, in Catalonia, article 621-8.2 of Book VI of the Civil Code of Catalonia, so that the parties may withdraw from the purchase agreement, with the buyer agreeing to forfeit the deposit or the seller agreeing to return double the deposit, within the terms agreed below:
- In the event of withdrawal or breach by the seller, the buyer shall be entitled to double the amount given as earnest money as reflected in the second stipulation of this contract.
- In the event of withdrawal or breach by the buyer, the seller shall be entitled to terminate the obligation to sell, retaining the amount paid as a deposit in this agreement as compensation for damages.
Prior to the execution of the public deed of sale, the parties may exercise the right derived from said article.
For the withdrawal to be considered valid, it shall suffice for the exercising party to notify the other party in any reliable manner, whether by ordinary or electronic means, and it shall also be considered tacitly produced by the fact that such right has not been exercised by the date set for the signing of the deed, provided that said deed is not granted for reasons attributable to the withdrawing party.
Specifically, and by way of example, the following shall be understood as withdrawal from this contract:
(i) The BUYER, if it fails to notify the SELLER of the date and time of the signing of the public deed of sale, in accordance with the terms of this contract, or if, having done so, it fails to appear at the signing, except in cases of force majeure or unforeseeable circumstances.
(ii) The SELLER, if notified of the date and time of the execution of the Deed, fails to appear at said act, except in cases of force majeure or unforeseeable circumstances.
(iii) The BUYER or the SELLER, as the case may be, if, upon appearing at the execution of the Public Deed of sale on the appointed day and time, said Deed is not executed for reasons attributable to the party that withdraws.
(iv) The BUYER, if it fails to comply with the payment milestones outlined in the second provision of this contract.
Likewise, any other breach of the obligations arising from this contract shall be understood as withdrawal by the buyer.
The exercise of preemptive rights that a third party may have over the property shall not be understood as withdrawal or breach by the seller.
Terms and Conditions of the Offer to Purchase an Apartment from CLIKALIA ASSET MANAGEMENT – VEGA NOVA:
These specific conditions will apply in cases where CLIPISO DESARROLLO S.L.U has been commissioned by the developer to handle the marketing of the property in the VEGA NOVA development. Under no circumstances shall CLIPISO DESARROLLO SLU or the company that owns the property be held liable in any way or guarantee the accuracy or validity of the information, price, and terms and conditions of sale set out in this publication. The information and conditions of sale of this property are therefore subject to potential errors, changes (including price), modifications, omissions, and/or withdrawal of the property from the market without prior notice.
This property is not owned by the CLIKALIA group; the sale is being carried out on behalf of the owner.
In order to submit an offer, the bidding Customer must, in all cases, first accept the specific Terms and Conditions of the service and the general and specific Terms and Conditions of the service or product.
The prices offered by CLIKALIA do not include notary fees, taxes, fees, appraisals, or payments to third parties. The Customer accepts, understands, and is aware that these payments or expenses may be payable by them, if so agreed between the parties or required by current legislation.
The submission of the purchase offer shall be governed by the following conditions:
- Proceed to submit a purchase offer for the price you consider appropriate.
- The submission of the purchase offer is subject to the payment of ONE THOUSAND ONE HUNDRED EUROS (€1,100) [€1,000 + €100 VAT] by credit/debit card.
- Regardless of the amount of the offer (whether equal to, lower than, or higher than) the published estimated price, it will not be binding on the Property until the Property expressly notifies the Customer making the offer of its acceptance.
- The property and Clikalia will have a period of 5 working days from the day after receipt to analyze and evaluate the purchase offer. Where applicable, acceptance will be confirmed and communicated to the buyer expressly and in writing via email. This 5-day period for the property to accept the offer is tacitly extended until the aforementioned documentation/information is obtained, with a maximum of 3 weeks.
- The buyer has a period of SIX (6) calendar days from the submission of the offer to provide Clikalia with the following information/documentation:
a) If you are a natural person:
• Copy of the front and back of the ID card of all buyers
• Bank account ownership certificate
• Full name, address, email, and phone number of all buyers
• The completed and signed KYC Natural Person document.
b) If you are a legal entity:
• Deed of incorporation and articles of association + subsequent deeds modifying the registered office or company name, legal form, governing body or administration
• Tax ID card
• Current administrator ID card
• Certificate of beneficial ownership
• Bank ownership certificate
• The completed and signed KYC Legal Entity document
- Before signing the purchase agreement with a deposit, the buyer may add other persons to the purchase of the property or properties covered by the agreement (hereinafter "other buyers"), who must provide the information/documentation specified above within the indicated period.
- In the event that the purchasing client and/or the other purchasing clients do not provide the aforementioned information/documentation within the specified period, it will be understood that they are withdrawing from the offer.
- Acceptance of the offer by the property does not imply waiver of the right to obtain the requested information/documentation within the period of SIX (6) calendar days.
- The amount paid as a reservation fee for the purchase of the property will be deducted from the total purchase price. If, on the day of the execution of the public deed of sale before a notary, the seller decides not to proceed with the sale, said reservation will be returned in full to the buyer. Conversely, if the buyer decides not to proceed with the sale once their offer has been accepted, or not to execute the purchase, said reservation will not be refunded under any circumstances.
- If the offer is accepted, the seller and buyer (hereinafter referred to as the bidding customer) must sign a purchase agreement with a deposit within the terms already communicated to the bidder within a maximum period of 3 business days after receiving notification of acceptance of the offer from CLIKALIA. The property covered by this document is transferred as a specific entity subject to the terms and conditions communicated to the bidder, a model deposit agreement for which is attached at the end of these terms and conditions.
- Prior to signing the private purchase agreement with a deposit, the interested party/parties must sign the Abbreviated Sales Information Document, Information on terms and prices, the Data Processing information document, and the KYC form.
- Once the aforementioned contract has been signed, CLIKALIA will transfer the amount of the reservation to the seller. Once this has been done, the seller (ORQUIDEA DESARROLLOS SL) will be solely responsible for the money received from the buyer, thus releasing and holding Clikalia harmless from any liability in this regard.
- In the event that the seller and the buyer do not complete the purchase and sale agreement, Clikalia will refund the deposit to the buyer only if the failure to sign the purchase and sale agreement with a deposit is due to a cause beyond the control of the buyer. otherwise Clikalia may retain the amount of the reservation for the purchase of the property as compensation for CLIKALIA's expenses, and this agreement shall be terminated by operation of law. Clikalia may also retain the amount of the reservation in the event that the buyer withdraws their offer, before or after acceptance.
- The price of the offer made by the buyer shall be subject to VAT, which the buyer shall pay as follows:
a) ONE THOUSAND EUROS (€1,000) plus VAT (€100), making a total of €1,100, hereby and in the manner previously stated.
b) ……………………………………………………………………………………………..…………..……..… EUROS (……………………….. €), that is, the remaining 20% minus the thousand euros referred to at the time of signing the purchase agreement with a deposit between the buyer and seller, plus the corresponding VAT.
c) …………………………………………………………………………….……………………….………..…..EUROS (… €),
i.e., the remaining 80% at the time of execution of the public deed of sale and delivery of keys, plus the corresponding VAT.
The buyer must indicate before signing the private purchase agreement with a deposit whether or not they require financing. They must complete the ORQUIDA DESARROLLOS SL Customer Knowledge Form, sending the information and documentation as soon as possible for processing and, where applicable, obtaining validation by the property of the real identity and lawful origin of the funds in compliance with the provisions of Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing, which is set out in the following clause in accordance with the developer's instructions.
All expenses and taxes arising from this sale shall be borne by the buyer, except for the Tax on the Increase in the Value of Urban Land (Municipal Capital Gains Tax), which shall be borne by the seller. The property tax for the year in which the deed of sale is executed shall be paid on a pro rata basis, up to the date of the sale at the notary's office and delivery of the keys by the seller, and from that date onwards by the buyer.
Prevention of Money Laundering:
Within the framework of the formalization of the private purchase agreement with mediation of earnest money, the Buyer must provide Clikalia, or other persons acting as mediators or intermediaries on behalf of the Company, at least 48 hours prior to the date of formalization of the private purchase agreement with mediation of earnest money, if requested by CLIKALIA, or in any case at least 3 business days prior to the date of execution of the deed of sale, and always in a truthful and complete manner, all information and documentation necessary and required for the Property to comply with its obligations under Law 10/2010, of April 28 and other regulations governing the prevention of money laundering and terrorist financing, and expressly authorizes Clikalia, on behalf of the Property, to carry out any verification updates it deems appropriate for this purpose.
Failure by Clikalia to obtain the information and documentation required by internal policies established to comply with legislation shall be sufficient cause for the Owner to terminate the purchase agreement with the deposit, refusing to grant the deed of sale for the Property, without this entailing any liability for Clikalia. In this case, the Buyer shall not be entitled to a refund of the €1,100 deposit paid as a reservation fee, if this has been received as part of the price, as compensation for CLIKALIA's expenses. 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 the buyer uses these regulations for the prevention of fraudulent conduct to mask non-compliant or withdrawing conduct and thus avoid their obligation arising from the concept of the contractual deposit agreed, where applicable, the owner or marketer shall not be obliged to return the amount received from the buyer, such conduct being understood as withdrawal by the buyer for all purposes.
Data protection
In compliance with the provisions of current regulations on the Protection of Personal Data, the DATA CONTROLLER informs that the personal data contained in this Contract, and those derived from the relationship, will be processed by CLIPISO DESARROLLO, S.L..U, acting on behalf of and by mandate of the owner, ORQUIDEA DESARROLLOS, S.L. with Tax ID Number B-75978098 Address: Calle Cuesta Blanca S/N, Local 20, Alcobendas (Postal Code 28108) and email gestion.grupoadler@gmail.com//legal.grupoadler@gmail.com, for the purpose of making the property reservation, as well as sending commercial information to keep you informed about products and services that may be of interest to you.
The basis for data processing is the execution of the contract, and it is necessary to provide this data because, otherwise, it would not be possible to formalize said relationship in accordance with Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing, and other implementing regulations, as well as the application of current administrative, tax, civil, and mortgage regulations applicable to the sale of real estate. The legitimate interest in defending the interests of the parties in the event of disputes arising from the contract. The processing of your data for the purposes of service quality management or for commercial purposes may be considered to be carried out in the legitimate interest.
The data will be kept for as long as the relationship is maintained and no request for its deletion is made and, in any case, in compliance with the applicable legal deadlines and limitation periods. Data relating to the prevention of money laundering will be kept for 10 years. Any other period derived from current financial, tax, or real estate regulations will apply. The data will be communicated to the following entities:
- Bank and/or insurance companies to guarantee the amounts paid on account of the price and deposited in the special account, in accordance with current regulations.
- Where applicable, to official bodies in compliance with Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing, and other implementing regulations.
- Insurance brokers and insurance companies pursuant to Law 38/1999, of November 5, on Building Regulations.
- Courts and tribunals for the management of possible incidents arising from the sale.
- Other entities subject to legal obligation.
No international data transfers are planned. You can consult possible international transfers by emailing gestion.grupoadler@gmail.com//legal.grupoadler@gmail.com. These international transfers are necessary for the provision of the requested services.
In the event of non-payment of amounts for which you are responsible, for any amount or accumulated sum, in accordance with this contract, your personal data may be communicated to the national or international insolvency file, as decided by Clikalia, based on the legitimate interest of preventing fraud or any other civil or criminal offenses, such as Equifax-ASNEF/RAI/CCI/RIJ/BADEXCUG-Experian.
In the event of the incorporation of the customer's default data, at the request of Clikalia, into a negative credit file, the customer will receive, within a maximum period of one month from the registration of the debt in the file, a communication from the owner of the file in question informing them of the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the file, informing them about the incorporation of their personal data into the
file, a communication from the owner of the file in question informing them of the inclusion of their personal data in the file and informing them of the possibility of exercising the rights set out in Articles 15 to 22 of General Regulation (EU) 2016/679.
In any case, neither the marketer (Clipiso Desarrollo SLU) nor the developer (ORQUIDEA DESARROLLOS SL) assumes any responsibility arising from the failure of the owner of the corresponding file to provide the aforementioned communication to the debtor customer.
Interested parties may exercise their rights of access, rectification, erasure, portability, and restriction or objection by writing to the Data Protection Officer of the CONTROLLER at the following email address: gestion.grupoadler@gmail.com//legal.grupoadler@gmail.com. Likewise, interested parties have the right to lodge a complaint with the Supervisory Authority (Spanish Data Protection Agency: www.aepd.es).
The private purchase agreement with a deposit will be formalized in accordance with the following essential conditions:
Abbreviated Information Document for the Sale
Homes, storage rooms, and garages at Camino de la Guija 23 in Ciudad Real
General Information.
Developer
- ORQUÍDEA DESARROLLOS SL
Address: C/ Cuesta Blanca, CC Cuesta Blanca, local 20, 28018, Alcobendas
CIF B75978098, registered in the Madrid Mercantile Registry, section 8, page M847128, IRUS 1000444255362.
Type of development
- Development that already has a Final Works Certificate and is licensed for restoration work currently being carried out
Construction/renovation company
- Servicios Integrales ECUAMER SL
- Tax ID Number B10803773
Real Estate Agency
- CLIPISO DESARROLLO SLU, with headquarters in Madrid, Calle Álvarez de Baena 2, 28006.
Marketing website address: www.veganovahomes.es
Technical address
- Architect Juan Carlos García-Carrión (professional association number 01493) and architect Nelson Canizales Vargas (professional association number COAM 15742).
General location of the property
- Camino de la Guija 23, Ciudad Real, postal code 13005, consisting of 5 blocks ("1" to "5") including 165 homes, 221 garages, and 108 storage rooms.
The home about which you have requested information, together with the corresponding garage(s) or storage room(s), is referred to in the Annex relating to the floor plan thereof.
Floor Plans of the Property
- The general floor plan is attached as an appendix.
Surface Area of the Property
- The surface area is detailed in the attached floor plan of the property and, where applicable, of the corresponding storage rooms and garages.
General floor plan of the property.
Illustrative images rendered from the interior of some spaces on some floors. They should not be taken as definitive, they are indicative and non-binding, and are purely commercial in nature.
Description of networks and fire protection.
Plumbing:
The entire installation has been designed with valves that separate the different sections and wet areas. Connections for dishwashers and washing machines will be provided. The sanitary fixtures will be white vitrified porcelain. The faucets will be chrome-plated single-lever mixers.
Electricity:
The nominal operating voltage will be 220 V; all circuits will be insulated, laid in corrugated plastic conduits, embedded in walls, with corresponding junction boxes, connection boxes, and branch boxes. Each and every circuit will have the corresponding safety devices. Meters are planned to be centralized in common areas. The electrical power has been calculated to allow for the installation of air conditioning.
Air Conditioning:
An air conditioning system is included.
Telecommunications:
Royal Decree 279/1999 of February 22, relating to common telecommunications infrastructure inside buildings up to the point of connection for users, will be complied with.
Fire protection installations:
The fire protection installation in the garage complies with regulations.
General description of the building, common areas, and ancillary services.
The development consists of five blocks of varying widths and lengths, all oriented along a north-south axis. The complex is connected by a central private "street" with access from Camino de la Guija street. From this central street, you can access the entrances to four of the five blocks that make up the development. Blocks one and two have direct access from Santo Tomás de Aquino Street.
Two vehicle accesses have been provided at the ends of Camino de la Guija Street, via ramps to the basement level for garages.
The development has various communal areas, such as a swimming pool, a children's play area on the ground floor, and a gym and meeting/games room in the basement. This level also has 221 parking spaces, of which 40 are large enclosed spaces. In addition to the parking spaces, there are also 108 storage rooms in the basement.
The basement floor will house various common services for the building, which may be used as a "meeting room/multipurpose room," "storage room for maintenance," and/or others such as a gym, spa, or other necessary spaces, provided that current legislation allows it and the homeowners' association so decides, where applicable.
Residential Floors.
Blocks 1 and 2 are intended for small units, mainly studios on the ground floor and one- and two-bedroom "duplex" apartments on the upper floors and under the roof. Both have a single entrance and elevator, although they have two staircases.
Block 3 has two staircases at either end of a gallery that is "open" to the outside, with one- and two-bedroom apartments on the ground floor with direct access from the main road. The upper floor has two-bedroom duplex apartments.
Blocks 4 and 5, which are wider, are intended for larger homes, generally with two bedrooms on the ground floor and three or four bedrooms in duplexes on the upper floors.
These blocks are organized with three or four entrances in each, with their respective stairwells and elevators located on their axes. The light wells around which the homes are distributed are located on this axis.
The vast majority of the homes have a patio or terrace(s).
Building Specifications.
Structure: The structure is made of HA-25 reinforced concrete and B-500 S steel. Flooring
bidirectional "in situ," and ceramic or expanded polystyrene hollow blocks, with a height of 25+5. Cylindrical pillars in the garage floor to facilitate maneuverability.
Exterior walls: exposed brick with polyurethane foam thermal insulation and lined brick partition. Single-layer mortar
Exterior carpentry: All exterior carpentry will be made with lacquered PVC profiles, installed flush with the interior face of the enclosure wall.
Interior carpentry: Ordinary interior doors will be standard, medium series, smooth, with pre-frame.
Glazing and blinds: Climalit double glazing. All carpentry in the homes will be equipped with roller blinds made of extruded aluminum slats with a polystyrene core.
Plumbing: The sanitary ware in the main bathroom will be white, model Dama by ROCA, Marina by GALA or similar, with chrome single-lever taps by ROCA, BUADES or similar. The secondary bathrooms will be white, model Victoria by ROCA, Elia by GALA, or similar, with chrome single-lever faucets identical to those in the main bathroom. Washbasins on cabinets.
Heating systems: in blocks 1 and 2, each home will have hot and cold air conditioning systems, as well as heated towel rails in the bathroom.
Flooring: AC5 vinyl flooring with 9 mm PVC baseboards
Paint: off-white plastic paint
Kitchen furniture: possibility of agreeing with the buyer to include a complete kitchen
Financial aspects and payment method:
- The price, conditions, and payment method will be provided in an attached document according to the type of property.
- The terms of the mortgage loan will be negotiated directly between the buyer and the financial institution.
- Taxes and fees are payable by the purchaser. The amounts will vary depending on the buyer's circumstances and the rates and fees legally in force at the time of accrual. They are listed below without limitation:
- Stamp duty.
- Notary fees.
- Registration fees.
- Costs of processing deeds of sale.
- The tax on the increase in the value of urban land (capital gains tax) is payable by the seller.
- If the buyer requests the property free of mortgage charges, the cost of canceling the mortgage and removing it from the registry will be borne by the seller.
- Price validity period. Ten calendar days from the date of this document.
- Any amounts paid on account (if applicable) shall be deposited in the special account set up for this purpose, the characteristics of which shall be detailed once defined.
Estimated delivery date of the property.
- According to the initial plan, blocks 1 and 2 are expected to be delivered during the first quarter of 2026, and block 4 is expected to be delivered during the second quarter of 2026, without prejudice to any extension of this period that may be necessary for technical, legal, registration, or other reasons, in which case it shall be understood to be tacitly extended; however, in any case, delivery will not be later than 2026.
Index of attached documents:
- General Conditions of Sale containing
- the conditions of the interested party's offer with reservation and
- the model purchase agreement with mediation of earnest money deposits.
- Plans and building specifications.
- Information on deadlines and prices.
It may also contain the Data Processing Information Document of the developer ORQUIDEA DESARROLLOS SL, or this may be obtained later when genuine interest is shown by the prospective buyer.
Abbreviated Information Document on the sale of housing in the Project
The information provided by the developer in this document is for informational purposes only. The information provided to the consumer is valid for ten calendar days from the date of this document.
The interested party declares that they have been informed of the rest of the specific and general conditions of the sale, in particular those relating to the price and method of payment.
Prior to the formalization of the corresponding purchase option, reservation, or sale contract, the interested party may not make any down payment for any reason or by any means. Therefore, any amounts paid in contravention of this rule shall not grant the interested party any rights over the property.
This document is for informational purposes only and does not imply any reservation of any kind on the property described.
INFORMATION ON THE PROCESSING OF PERSONAL DATA AND COMPLIANCE WITH LAW 10/2010 OF APRIL 28
ORQUIDEA DESARROLLO SL
Calle Cuesta Blanca S/N, Local 20, Alcobendas (28108)
Tax ID Number: B-75978098
Email: gestion.grupoadler@gmail.com
1. Purpose of Processing:
In compliance with the provisions of Regulation (EU) 2016/679 of April 27 (GDPR), Organic Law 3/2018 of December 5 (LOPDGDD), and Law 10/2010 of April 28 on the prevention of money laundering and terrorist financing, we inform you that the personal data you provide will be processed for the following purposes:
- To manage your request for information and/or reservation regarding the purchase of properties developed by ORQUIDEA DESARROLLOS, SL.
- To carry out the necessary pre-contractual and, where applicable, contractual procedures related to the sale of the property.
- To comply with legal obligations regarding the prevention of money laundering and terrorist financing.
- Send commercial information related to real estate promotions and products, only if you give your express consent.
2. Legitimacy of Processing:
The processing of your data is based on:
- The execution of pre-contractual measures (Art. 6.1.b GDPR).
- Compliance with legal obligations (Art. 6.1.c GDPR), especially those contained in Law 10/2010.
- Your explicit consent, in the case of sending commercial information (Art. 6.1.a GDPR).
3. Retention period:
Your data will be retained:
- For the time necessary to respond to your request and/or manage the contractual relationship.
- For the periods required by law for the prevention of money laundering (10 years from the end of the relationship).
- Until you revoke your consent for commercial purposes.
4. Recipients:
Your data may be communicated to:
- Public administrations, notaries, and registries, when legally required.
- Financial institutions, for the processing of payments.
- Tax, legal, or accounting advisors under confidentiality agreements.
- State security forces and SEPBLAC in compliance with Law 10/2010.
5. Rights of the Data Subject:
You may exercise your rights of access, rectification, erasure, restriction of processing, objection, and portability of your data by sending a written request to ORQUIDEA DESARROLLOS SL, at the above address or by email to gestion.grupoadler@gmail.com.
You have the right to withdraw your consent and to lodge a complaint with the Spanish Data Protection Agency (www.aepd.es).
DECLARATION BY THE DATA SUBJECT:
The data subject declares that they have been informed in a clear, precise, and understandable manner, and I give my consent for the processing of my personal data in accordance with the purposes described above.
☐ I consent to receiving commercial communications about real estate promotions from ORQUIDEA DESARROLLOS SL.
Contract and general terms and conditions.
Purchase agreement with earnest money deposit for the urban property located at Calle de la Guija 23, Ciudad Real
In ..., on ... of ... of ...
GATHERED
As the SELLER:
Mr. ……, with ID number …………….., of legal age, residing at ……………………………... For communication purposes only, in addition to the address indicated, please provide the email address ……………………….. Hereinafter referred to as the seller.
And as the BUYER:
Mr. ………………………………………….……………….., with ID number ……………………... of legal age, with address for notification and service of process at ………………………………………..…. , . For communication purposes, in addition to the address indicated, please provide the following email address: .... and the following telephone number: ....
PARTIES INVOLVED
- Mr. ……………….., on behalf of and representing the company ………………….., with Tax ID Number ……………… and registered address for these purposes at ………………………., in his capacity as ……………………., by virtue of the deed of ……………………………………………………,
- The second party, in its own name and right, hereinafter referred to as the purchasing party.
Both shall be jointly defined as the "parties," with the character and representation by which they intervene, and they acknowledge the legal capacity necessary to contract and bind themselves, and to that effect
EXPLAIN
I.- The selling party owns 100% of the full ownership of the following urban property (hereinafter, the property):
Property located at Calle de la Guija 23......................
Registration: Registered in the Property Registry number .... of ...., property ....
CRU:..........................
A real estate development consisting of five blocks comprising a total of 165 homes, 221 parking spaces, and 108 storage rooms has been built on the parent property. This development already has the final building certificate and, at present, work is being carried out to update and renovate the homes and common areas. The work being carried out on blocks 1 and 2 is expected to be completely finished on …………………………, and for block 4, completion is expected in ……………………………, without prejudice to any extension of this period that may be necessary for technical, legal, registration or other reasons, in which case it shall be understood to be tacitly extended.
II.- The subject matter of this contract is the dwelling and, where applicable, the garage and storage room shown on the attached plan, the details of which (surface area, layout, characteristics, and building specifications) are set out in the attached documentation and which both parties declare they are aware of and accept. Hereinafter, the property.
Property no.:
Garage no.:
Storage room no.:
Once the process of horizontal division of the parent property has been completed, the seller shall send the buyer the simple informative note containing the specific registration details of the property covered by this contract. The seller declares that the property or properties covered by this contract are subject to a mortgage charge and a resolutory condition.
In relation to the mortgage encumbering the property, the seller may choose to pay off the loan secured by the mortgage encumbering the property covered by this contract in advance or at the time of execution of the public deed of sale. After the public deed of sale has been executed, the seller shall take the necessary steps to cancel the mortgage right in the registry, a circumstance known and accepted by the buyer.
(If the property is a show flat)
The parties expressly agree that the property covered by this contract, having been used by the seller as a show flat, may continue to be used by the latter, or by persons designated by the seller, for commercial visits, exhibitions, and other activities related to sales promotion, prior to the date on which the corresponding public deed of sale is executed.
The buyer acknowledges and accepts this circumstance, expressly authorizing the use described, without this giving rise to any liability on the part of the seller or any right to compensation.
Any appliances and furniture that may be on the property shall not be included in the subject matter of this contract nor shall they be transferred together with the property, and the seller may remove them at any time. The buyer shall cooperate with the seller in removing the appliances and furniture if the seller is unable to do so prior to the execution of the public deed of sale.
POSSESSORY AND LEASEHOLD STATUS OF THE PROPERTY.
The property covered by this contract is and will be delivered free of tenants, residents, occupants, or other tenants, being unoccupied. In the event that the property covered by this contract is illegally/unlawfully occupied by a third party and has not been vacated/evicted TEN (10) calendar days prior to the end of the period for the execution of the public deed of sale, the purchasing party may choose between an automatic extension of the period for the formalization of the public deed of sale for a period of THIRTY (30) calendar days or terminate this contractual relationship, receiving from the seller the amount given as a deposit and without further liability for either party.
In the event that the purchasing party has opted for the automatic extension of the term, if the occupant without title has not been evicted/removed, 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 shall be deemed to have been terminated by operation of law, with the seller returning to the buyer any amounts received as a reservation and deposit, the parties being released, settled, and discharged, with no further claims between them.
The illegal/unlawful occupation of the property covered by this contract or the failure to evict/remove the third-party occupant shall not be construed as withdrawal or breach by the seller.
TITLE OF OWNERSHIP OR DOMINION.
The parent property is wholly owned by the seller by virtue of acquisition by purchase recorded in a deed executed before the Notary Public of the city of ……………………. on …………………, with protocol number ……………..
PROPERTY TAX.
The seller declares that the parent property is up to date with its property tax (IBI) payments.
Once the horizontal division has been registered in the Property Registry, the City Council of Ciudad Real must carry out a cadastral valuation and establish the reference value of the property. From that moment on, the new IBI corresponding to each of the properties resulting from the horizontal division will be calculated.
Both parties agree that the buyer will assume payment of the IBI corresponding to the property covered by this contract from the moment the notarial deed of sale is executed, based on the "pro rata temporis" criterion for the period of time that each party has been the owner during the year. This same criterion shall apply to any other applicable taxes, fees, levies, or contributions, such as garbage or urban waste collection fees, metropolitan fees or taxes, driveway access fees, or others that may be applicable, except for property taxes or those that tax the generation of income or revenue and not ownership or enjoyment or use.
HOMEOWNERS' ASSOCIATION EXPENSES.
As the horizontal division of the parent property has not yet been carried out, there is currently no Homeowners' Association, and therefore no expenses have been incurred in relation to it. Notwithstanding the above, from the moment the Owners' Association is established until the moment the notarial deed of sale is granted, all expenses corresponding to the Owners' Association that are generated and are due will be borne by the seller, so that on the day of the deed, the property covered by this contract is up to date with the payment of its ownership fees to the Homeowners' Association.
At the time of execution of the deed of sale of this contract, the seller shall provide the buyer with the corresponding certificate from the Homeowners' Association indicating the status of any outstanding debts, if such a certificate has already been issued and is available. If for any reason this cannot be obtained, the buyer shall exempt the seller from this obligation, and the seller shall acquire in the deed the obligation to pay any duly justified outstanding fees that legally affect the property until the date of execution of the deed.
III.- That, the seller being interested in the transfer of the property by way of sale, and the buyer being interested in its acceptance and acquisition, by means of this document, they proceed to enter into a PURCHASE AGREEMENT with the mediation of a deposit as provided for in Article 1454 of the Civil Code.
CLAUSES.
FIRST. PURPOSE OF THE SALE.
The seller sells the property to the buyer, who purchases and accepts the property as a whole, with all the rights, uses, and services inherent and accessory to it, in its current physical, legal, urban planning, cadastral, registry, maintenance, maintenance, occupancy, and encumbrances and restrictions that the buyer declares to know and accept, being up to date with the payment of taxes affecting the property for which the seller is liable, expenses for supplies and ordinary fees of the Homeowners' Association owned by the seller that affect the property on the date of this contract in accordance with current legislation.
SECOND. SALE PRICE AND DEPOSIT.
The total price of this sale amounts to ……………………………………………... (…………………………………... €) plus VAT (……………………………….….€), to be paid as follows:
1. That the buyer delivered to the seller, on the date of …. as a deposit, the amount of ONE THOUSAND ONE HUNDRED EUROS (€1,100) including VAT, for which the seller, by means of this signed document, GRANTS the most formal and effective letter of payment for said amount, as evidenced by a copy of the receipt attached to this contract.
2. Upon signing this contract, the buyer shall pay the seller the sum of ... EUROS (... €) plus VAT (... €), by transfer from the account ... held by the buyer, subject to successful completion, and this sum shall be considered a penalty deposit. The transfer must be made within 5 business days of the signing of this contract. Payment of this amount shall not be deemed to have been made until the amount has been received in the aforementioned bank account held by the seller, which payment must be immediately credited by the buyer to the seller upon completion, and once the payment of said amount has been received and justified/credited, this signed document shall be deemed for this purpose as a letter of payment of said amount.
3. The remainder of the price, in the amount of ... EUROS (... €) plus VAT (... €), shall be paid by the buyer to the seller, without interest, on the day of the execution of this PURCHASE AGREEMENT, by bank check or OMF bank transfer.
Any bank charges or commissions incurred in connection with the payment of the price shall be borne by and shall be the responsibility of the buyer, regardless of which bank charges such commission or requires payment, such as commissions for transfers made from abroad or other similar charges. If charged to the seller, the amount must be paid by the buyer at the time of the transfer, signing of the contract, or execution of the public deed of sale, said payment being essential for the seller, and if it has not been made by the buyer, the seller may withdraw without penalty or liability or obligation to refund any amount to the buyer.
”THIRD. DEED AND TRANSFER OF OWNERSHIP
The contracting parties undertake to execute this sale in a Public Deed by appearing before a Notary Public within SIXTY (60) CALENDAR DAYS from the date on which the seller sends the first occupancy license to the buyer.
The Buyer shall notify the Seller by email of the specific date and time of the execution of the Deed, and such notification must be made at least five (5) business days prior to the date chosen by the Buyer for the execution of the Deed in accordance with the term set forth in clause THREE. The notary or notaries where the deed is to be executed shall be indicated by the Seller to the Buyer, and the Buyer shall choose from among those indicated, which must be located in the province where the property is located.
The execution of the deed shall entail the transfer of ownership and possession of the property, in its current state with regard to encumbrances, occupants, expenses, and taxes, under the terms set forth above.
FOURTH. EXPENSES AND TAXES INCURRED BY THE SALE.
All expenses and taxes arising from this sale and its registration in a public deed shall be paid by the buyer, except for the Tax on the Increase in the Value of Urban Land (Municipal Capital Gains Tax), which shall be paid by the seller.
The parties agree that if action is necessary to bring the contract to fruition and fulfill the obligations arising therefrom, the seller, as the case may be, shall take the necessary steps to do so, invoicing the other party for the respective costs that are its responsibility.
FIFTH. REQUIREMENT OF COMPLIANCE THROUGH THE DEPOSIT.
As a deposit is involved in this sales contract, Article 1454 of the Spanish Civil Code shall apply, which states:
"Article 1454.
If a deposit or down payment has been made in the purchase and sale contract, the contract may be terminated, with the buyer agreeing to forfeit the deposit or down payment, or the seller agreeing to return double the amount."
Prior to the sale being recorded in a public deed, the parties may exercise the right derived from this article.
For the withdrawal to be considered valid, it shall suffice for the withdrawing party to notify the other party in any reliable manner, whether by ordinary or electronic means. The withdrawal shall also be considered tacitly effective if such right has not been exercised by the date set for the signing of the deed, provided that the deed is not executed for reasons attributable to the withdrawing party.
In the event of withdrawal by the SELLING PARTY, the BUYING PARTY shall be entitled to double the amount paid as a deposit.
In the event of withdrawal by the BUYING PARTY, the SELLING PARTY shall be entitled to terminate the obligation to sell, retaining the amount paid as a deposit.
Specifically, and by way of example, the following shall be understood as withdrawal from this contract:
(i) The BUYER, if it fails to notify the SELLER of the date and time of the signing of the public deed of sale, in accordance with the terms of this contract, or if, having done so, it fails to appear at the signing, except in cases of force majeure or unforeseeable circumstances.
(ii) The SELLER, if notified of the date and time of the execution of the Deed, fails to appear at said act, except in cases of force majeure or unforeseeable circumstances.
(iii) The BUYER or the SELLER, as the case may be, if, upon appearing at the execution of the Public Deed of sale on the appointed day and time, said Deed is not executed for reasons attributable to the party that withdraws.
(iv) The BUYER, if it fails to comply with the payment milestones outlined in the second provision of this contract.
Likewise, any other breach of the obligations arising from this contract shall be understood as withdrawal by the buyer.
SIXTH. 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 prior to the date of execution of the deed of sale, with accurate and complete all the information and documentation necessary and required for the Owner to comply with its obligations under Law 10/2010 of April 28 and other regulations governing the prevention of money laundering and terrorist financing, and expressly authorizes the Owner to carry out any verification updates it deems appropriate for this purpose.
Failure by the Property to obtain, either directly or through the marketer, the information and documentation required by internal policies established to comply with legislation shall be sufficient cause for the Property to be entitled to terminate this purchase agreement with the mediation of a penalty deposit and to refuse to grant the deed of sale of the Property, without this entailing any liability for the Property. In this case, the Buyer shall be entitled to a refund of the amount paid to the Property as a penalty deposit, authorizing the seller not to refund the reservation amount to compensate for the time and work carried out by the seller. 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 the buyer uses these regulations for the prevention of fraudulent conduct to mask non-compliant or withdrawing conduct and thus avoid their obligation arising from the concept of the contractual deposit agreed, where applicable, the refund of the amount paid will not be considered if it is in accordance with the law.
SEVENTH. DATA PROTECTION AND INFORMATION CLAUSE.
In compliance with the provisions of current regulations on the Protection of Personal Data, the DATA CONTROLLER informs that the personal data contained in this Contract and those derived from the relationship will be processed by ORQUIDEA DESARROLLOS SL, with Tax ID Number B-75978098, for the following main purposes, if necessary for the successful completion of the transaction:
• Establishment of the contractual relationship and preliminary documentary actions arising from the preparation of the sale.
• Management of all the necessary procedures for the acquisition of the properties subject to sale.
• Processing of payments, guarantees (sureties or insurance) and taxes arising from the sale.
• Processing of registration in registries, deeds and registration with the homeowners' association.
• Identification and registration of transactions in accordance with the law, as a regulated entity in the prevention of money laundering and terrorist financing.
• Customer service.
• Sending quality surveys to improve our products and/or services as part of the continuous improvement process.
• Communication regarding changes to the supplies of the property being purchased.
The basis for data processing is the performance of the contract, and it is necessary to provide such data because otherwise it would not be possible to formalize the relationship, the application of Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing, and other implementing regulations, as well as the application of current administrative, tax, civil, and mortgage regulations applicable to the sale of real estate. The legitimate interest in defending the interests of the parties in the event of disputes arising from the contract. The processing of your data for the purposes of service quality management or for commercial purposes may be considered to be carried out for legitimate interests.
The data will be kept for as long as the relationship is maintained and no request for its deletion is made, and in any case in compliance with the applicable legal deadlines and limitation periods. Data relating to the prevention of money laundering will be kept for 10 years. Any other period derived from current financial, tax, or real estate regulations will apply.
The data will be communicated to the following entities:
• Bank and/or insurance entities to guarantee the amounts paid on account of the price and deposited in the special account, in accordance with current regulations.
• Notaries and Registries for the purposes of drawing up deeds of sale and registering ownership.
• Banks and credit institutions for the financial management of the sale transaction, including mortgage subrogations, guarantees, and sureties.
• Where applicable, to official bodies in compliance with Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing and other implementing regulations.
• Insurance brokers and insurance companies pursuant to Law 38/1999, of November 5, on Building Regulations.
• Tax Agency and other competent state, regional, and local administrations and public entities, for the purposes of filing the corresponding tax returns (taxes and fees), obtain administrative licenses and authorizations, notify the cadastral ownership of the property as well as the address of the owner, and manage obligations related to Property Tax and Tax on the Increase in the Value of Urban Land.
• Utility companies to carry out the necessary changes of ownership of the property.
• Homeowners' associations
• Courts and tribunals for the management of any incidents arising from the sale.
• Other entities subject to legal obligations.
The controller informs you that, for its management, it uses information systems (Microsoft 365 Online Services), whose operators may be located in countries whose legislation is not comparable, and this may involve possible international data transfers. Data subjects may exercise their rights of access, rectification, erasure, portability, and restriction or objection by writing to the Data Protection Officer of the CONTROLLER at the following email address: gestion.grupoadler@gmail.com//legal.grupoadler@gmail.com. Likewise, interested parties have the right to lodge a complaint with the Supervisory Authority (Spanish Data Protection Agency: www.aepd.es).
In the event of non-payment of amounts for which you are responsible, for any amount or accumulated sum, in accordance with this contract, your personal data may be communicated to the national or international insolvency file, as decided by ORQUIDEA DESARROLLOS SL, based on the legitimate interest of preventing fraud or any other civil or criminal offenses, such as Equifax-ASNEF/RAI/CCI/RIJ/BADEXCUG-Experian.
In the event of the inclusion of the customer's default data, at the request of ORQUIDEA DESARROLLOS SL, in a negative credit file, the customer will receive, within a maximum period of one month from the registration of the debt in the file, a communication from the owner of the file in question informing them of the inclusion of their personal data in the file and informing them of the possibility of exercising the rights set out in Articles 15 to 22 of General Regulation (EU) 2016/679.
In any case, ORQUIDEA DESARROLLOS SL assumes no responsibility arising from the failure of the owner of the corresponding file to send the aforementioned communication to the debtor customer.
EIGHTH. SUBMISSION TO JURISDICTION.
The parties waive their own jurisdiction, if any, and submit to the jurisdiction and competence of the Courts and Tribunals of the city of CIUDAD REAL to settle any dispute regarding the formalization and/or execution of this contract.
And in witness whereof, both parties sign this document as an expression of their free will, in duplicate and for a single purpose, in the place and on the date indicated at the beginning.
THE PURCHASING PARTY THE SELLING PARTY
Appendix 1: Floor plans of the purchased property and, where applicable, garage and storage room.
Appendix 2: Building specifications
Information on prices and terms for the VEGA NOVA development in Ciudad Real, Camino Guija 23.
- Offer with a reservation of €1,100 (VAT included) on account of the price, with the property (ORQUIDEA DESARROLLOS SL) having a period of 5 working days for acceptance from the day after receiving the offer.
- Once the bidder has been notified of acceptance, they have 72 hours to sign the purchase agreement with a deposit, in which the reservation will be deducted from the accepted price (20% plus 10% VAT).
- Remaining balance (80% plus 10% VAT upon completion of the sale).
The public deed of sale will be drawn up at the notary's office within SIXTY (60) CALENDAR DAYS from the date on which the seller sends the buyer (either directly or through the marketing agent) the first occupancy license.
The execution of the deed will entail the transfer of ownership and possession of the property, in its current state with regard to encumbrances, occupants, expenses, and taxes, under the terms set forth above.
"MARKETING PRICES"
The prices provided to interested parties are for the first batch of apartments in the development to go on sale. These are commercial reference prices. In any case, the seller will make the offer within 5 working days for acceptance or rejection in accordance with the terms and conditions of sale. Silence is understood as a rejection, as there is no tacit acceptance.
Prevention of money laundering
Under the terms of Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing, and its implementing regulations, the bidder must provide the Intermediary with all necessary and requested information and documentation in a truthful and complete manner so that the Property can comply with its obligations under the aforementioned regulations, and expressly authorizes the Property and the Intermediary to carry out any verification updates they deem appropriate for this purpose. Failure by the Intermediary to obtain the information and documentation required by the internal policies established to comply with the legislation shall be sufficient grounds for not accepting the offer or for not signing any contract or private document or for not granting the corresponding public deed of sale.
You accept and declare that you have read and understood the above terms and conditions.
Right of use of the service website:
Users have the right to view their personalized data on their own screen, as well as tospan>view their personalized data on their own screen, as well as print it. However, this data cannot be used for commercial purposes, to create a database, or for your own use.or for industrial use.
Measures whose objective is to interrupt or hinder the operation of interrupt or hinder the operation of www.clikalia.com . Furthermore, without written authorization, it is not possible to extract or reuse our offer."s17"> reuse our offer. They may not be used without our authorization data extraction and collection programs. Integration or linking with our service is not permitted without our express consent."s17"> express consent from us. The right to use of the service and its functions is only possible within the framework of current state of the technology.
The user grants free of charge to 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 your 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, for example, through the internet.span>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.
Warranty:
Clikalia.com offers no guarantee for technical errors, in particular for the constant and uninterrupted availability of the website or for the correct reproduction of content entered by the user.
If the offer is unavailable, you can contact our Customer Service department at the following email address: email: hola@clikalia.com.
Similarly, we reiterate that CLIKALIA does not own the property being sold and does not offer any guarantee on it, nor does it accept responsibility for any defects, whether hidden or not, or any lack of conformity that may exist. In this regard, CLIKALIA acts solely as an intermediary and is not involved in the relationship between the owner (seller) and the customer (buyer), nor in their rights, obligations, powers, and duties.
Security:
CLIKALIA informs users that the website uses security techniques for the general protection accepted in the industry, such as firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data.
To achieve these ends, the user/customer agrees that the provider may obtain data for the purpose of authenticating access controls.
Limitation of liability:
There is no guarantee that the service offered will always be available and error-free. Access to clikalia.com may be interrupted occasionally or restricted due to maintenance work or the introduction of new services and features. Clikalia.com will endeavor to limit the frequency and duration of such interruptions.
Consequently, the use of online content is at the user's own responsibility and risk. In the course of use of our website and services, clikalia.com will be liable without limitation for damages caused intentionally or through gross negligence by clikalia.com or to through its legal representatives, employees, or agents.
Protection of data:
Please see 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 is not entitled to use this information at a later date."s2">Modification, processing, and use in any type of media are strictly prohibited. Any other use is only possible with the prior written consent of clikalia.com.
The unauthorized use of our information, as well as the use of our information, is strictly prohibited."s7"> 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, therefore, is not permitted.
Clause of exception:
If any of the provisions of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected. This provision may be replaced by other valid and enforceable provisions that come as close as possible to the intended economic purpose.
Law applicable, place of compliance and jurisdiction:
CLIKALIA MANAGEMENT SERVICES SLU and other entities of the CLIKALIA group will take civil or criminal action that by law appropriate, against any improper use of the domain web. Any disputes that may arise in relation to this Domain and/or to these Terms and Conditions, shall be governed solely by Spanish law, and shall be subject to the competent Courts and Tribunals of Madrid.