ASSET MANAGEMENT Sale and Purchase Agreement on Behalf of the Property Owner.

Scope of the Contract

These terms and conditions apply exclusively to the products and services in which CLIPISO DESARROLLO, S.L., with Tax ID B87793535, acts as an intermediary under a specific mandate designated as CLIKALIA ASSET MANAGEMENT, whereby CLIPISO DESARROLLO, S.L. acts, not as the owner, but pursuant to a mandate/assignment to manage the sale of the respective property (hereinafter, CLIKALIA), which will be provided to the Client regarding real estate sales and is intended for individuals over the age of 18. 

General Provisions and Purpose of the Contract

www.clikalia.com is the website of the companies comprising 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 shall be binding upon the user at the moment they decide to use the service. 

Use of our services implies acceptance of these Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time and without providing a reason. 

“Buy” / User Offers 

Users may submit offers for CLIKALIA ASSET MANAGEMENT products through our website; such offers may be accepted by within 72 hours. There is no obligation whatsoever 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 mandatory or binding on the Property until the Property expressly notifies the user who made the offer of its acceptance. 

In order to submit an offer, the user making the offer must, in any case, first accept the Specific Terms of Service and the general and specific terms and conditions of “Buy an Apartment” by CLIKALIA ASSET MANAGEMENT on behalf of the Property.

The entire legal process for the sale of apartments is conducted online/digitally. The prices listed below the photograph of each property are not final sale prices but rather indicative of internal valuation 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 required of them, if so agreed upon by the parties, or if required by applicable law. 

Once CLIKALIA has communicated its acceptance of the offer made by the user, the user must sign the purchase agreement with a penalty deposit within 72 hours, in accordance with these terms and conditions and the specific terms previously accepted by the user when making the offer.   

By accepting these terms and conditions, users acknowledge and agree that, should action be necessary to successfully complete the order, mandate, or contract and fulfill the obligations arising therefrom, CLIKALIA, as applicable, may take the necessary steps to do so, billing the respective costs to the other party and/or user, which are legally their responsibility. 

In the case of apartments marketed under the “Virtual Tour/3D” format or other special promotions, their specific terms shall apply to the extent they do not conflict with those established herein. In particular, any promotional discounts or concessions shall only apply if the amount of the client’s offer equals the property’s published price on the website. 

If you would like further information regarding the process described herein, pertaining to the sale of any of our properties, please send an email to hola@clikalia.com, and we will contact you as soon as possible.

General Terms and Conditions of the Offer to Purchase an Apartment from CLIKALIA ASSET MANAGEMENT on behalf of the Property Owner.

CLIPISO DESARROLLO S.L. has been commissioned by the Property (*click to view the Property), the owner of the assets, to handle the procedures related to the sale of the property. Under no circumstances shall CLIPISO DESARROLLO S.L. or the company owning the corresponding property, as applicable, be 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 terms of sale for this property are therefore subject to potential errors, changes (including price changes), modifications, omissions, and/or withdrawal of the property from the market without prior notice.

This property is not owned by the CLIKALIA group, and the sale is being conducted on behalf of the owner.

By signing this offer, it will be governed by the following specific terms and conditions that you accept and which will apply to the service:

• Please sign and submit a purchase offer for the price you deem appropriate for the property located at the address indicated in the project listing.

• The reservation of the property will consist of the withholding, via the Stripe platform, of an amount of €1,000 as a reservation fee or deposit and as a demonstration of the seriousness of the Customer’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 or the Property Owner will not receive the amount of the reservation or deposit; rather, it will remain held in the Customer’s account.
• The withheld amount will be released to the Customer in any case, and in particular:
• If the Client has not been notified of the acceptance or rejection of the offer within the established timeframe, the reservation or deposit amount will be released after seven (7) calendar days.
• When the offer is accepted or rejected by the Customer within the established timeframe, the reservation or deposit amount will be released after seven (7) calendar days.
• The timeframes for releasing the reservation or deposit to the Customer may be extended in accordance with the technical characteristics, functions, content, requirements, or any other circumstances related to the tools used to retain the amounts, a fact known and expressly accepted by the Customer.
• In the event that, due to circumstances beyond the control of Clikalia or the Property—or, if attributable to the Property, provided Clikalia acted in good faith—the reservation amount or deposit from the Customer is received in any of the accounts associated with Clikalia or the Property, 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 specific characteristics of the property, without any obligation to accept the offer made by the user.
• If the seller accepts your offer, a representative will contact you to finalize the purchase agreement, which includes a penalty clause regarding the property in question. This agreement must be signed (at the accepted price) within 72 hours of the seller sending the deposit agreement. If the contract is not signed within that period, the amount paid by the user to make the offer will be forfeited.
• In addition, the purchasing CLIENT whose offer has been accepted must submit the form provided by CLIKALIA regarding the anti-money laundering and counter-terrorism financing (AML/CTF) file (the "AML/CTF form"), duly completed, as well as all documentation expressly requested or specified in the form, within the 72-hour period provided for the signing of the deposit agreement; If the client fails to comply with this obligation by the end of the aforementioned 72-hour period, they will forfeit the amount paid as a deposit, and CLIKALIA will not be obligated to sign the deposit agreement.
• Regardless of the amount of the offer (whether equal to, lower than, or higher than) the published estimated price, it shall not be mandatory or binding on the property until the property expressly notifies the user making the offer of its acceptance.
• Notary fees, registration fees, and taxes are not included in the price.

Administrative Fees 

A fee of €2,900 excluding VAT (VAT would be 21%, amounting to €609) is charged, which includes the costs associated with the preparation, follow-up, and signing of the contract: 

• The entity entitled to this amount is CLIPISO DESARROLLO SLU.
• Payment of the aforementioned amount must be made by credit card or by bank transfer to the account: ES35-2100-5357-4902-0000-1813.
• The obligation to pay arises upon signing the deposit agreement, and payment must be made prior to the execution of the deed of sale.
• The fact that payment has not been made by the deadline, even though the contract has been signed, does not imply the loss or waiver of the right to collect the amount for the 5 years following its accrual; and without prejudice to the fact that the services included until full payment are not performed or delivered under the buyer’s responsibility.
• 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 buyer. 

Prevention of Money Laundering and Terrorist Financing

In connection with the execution of the public deed of sale, the Buyer must provide, at least 48 hours prior to the date of execution of the deed of sale, truthful and complete information to CLIKALIA—which will handle this on behalf of the property owner— all information and documentation necessary and required for the purpose of enabling to comply with the obligations established under Law 10/2010 of April 28 and other regulations governing the prevention of money laundering and the financing of terrorism, and expressly authorizes CLIKALIA and the Owner of the property being sold to carry out any verification updates deemed appropriate for this purpose. 

Failure by CLIKALIA to obtain the information and documentation required by the internal policies established to comply with the law shall constitute sufficient grounds for the Property Owner to terminate this purchase agreement with forfeiture of the earnest money deposit and to refuse to execute the deed of sale for the Property, without this entailing any liability whatsoever for the Property Owner. In such a case, the Buyer shall be entitled to a refund of the amount paid to CLIKALIA on behalf of the Property as a penalty deposit, while the seller shall be entitled to retain the €1,000 paid as a reservation fee as compensation for the administrative work 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 the buyer uses these regulations for the prevention of fraudulent conduct to mask non-compliant behavior or withdrawal and thus avoid their obligation arising from the agreed-upon contractual deposit, if applicable, the refund of the amount paid will not be considered unless it is in accordance with the law.

The terms of the contract between the seller and the buyer shall always comply with the ASSET MANAGEMENT terms and conditions as well as the following specific conditions of the CLIKALIA ASSET MANAGEMENT – SAMARIUM offer previously accepted by the buyer upon making the offer, which are set forth below according to the type of property and are, therefore, essential conditions. The specific terms of the offer may be modified in the event of specific promotions and offers, in which case they shall be governed by the latter to the extent they contradict the former.

Specific Terms and Conditions of the Offer to Purchase an Apartment from CLIKALIA ASSET MANAGEMENT on Behalf of the Property Owner

• The seller sells the property to the buyer, who purchases and accepts the property as is, except, where applicable, for any security alarm installed on the property, the Anti-Squatting Security Door, Anti-Squatting Panels, and other security systems different from the aforementioned, in which case the following paragraphs shall apply; Furthermore, the property is sold with all rights, uses, and services inherent to and accessory to it, in the physical, legal, urban planning, cadastral, , and registry conditions, as well as regarding conservation, maintenance, leasing, occupancy, and encumbrances and restrictions, which the buyer declares to be aware of and to accept, with all taxes applicable to the property for which the seller is liable, utility expenses, and ordinary fees of the Homeowners’ Association owned by the seller that affect the property as of the date of this contract being up to date in accordance with current legislation. Furthermore, the sale is made with the lock in the condition in which the buyer has seen and accepted it; the buyer is offered the option to replace the lock/cylinder for the respective price agreed upon by the parties. 

• The Anti-Squatting Security Door (PAO), Anti-Squatting Panels, and other temporary security systems that may be installed in the property are security measures contracted by the seller and do not form 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 state in which they were delivered by the seller; it shall be the sole responsibility of the buyer to ensure that a replacement door is available. The security measures provided for in this paragraph incur a daily cost to be borne by the buyer from the day following the execution of the deed until their removal, provided that the buyer hinders or opposes the removal of the security device. 

• The buyer may choose, in the event that there is a security alarm or other security systems in the apartment, to 

  1. retain any, several, or all of the security systems described, assuming responsibility for their cost and fees, and authorizing the buyer to provide the seller with any necessary data, solely for this purpose; or 

  2. agree to assist the seller, in the event that the security system has not been removed by the date of signing the deed, the removal of the alarm and the remaining security elements within 15 days following the signing, actively and in good faith cooperating with the removal, assisting the technician who will perform the removal on the day and time indicated by the seller, notifying the seller 48 hours in advance, and proceeding with the removal only Monday through Friday during business hours. 

• At least 10 calendar days prior to the date of signing the deed, and in a verifiable manner via email, the buyer must notify the seller which of the two options above they choose; otherwise, it will be understood that they have chosen option b).

• Any appliances and furniture that may be on the property are not included in the subject matter of this contract nor will they be transferred along with ownership of the property, and the seller may remove them at any time. As for those not included in the price, the buyer shall cooperate with the seller to proceed with the removal of the appliances and furniture, if the seller is unable to remove them prior to the execution of the public deed of sale. 

• The seller declares that the property is current on Property Tax (IBI) payments for the tax periods during which the seller was liable for such tax, unless the tax has not yet been assessed, in which case the following paragraph shall apply.

It is further noted that the property tax (IBI) for the year in which the deed is executed shall be divided between the seller and the buyer on a pro rata basis for the period during which each party was the owner during that year. This same criterion shall apply to any other applicable taxes, fees, levies, or contributions, such as the municipal waste or garbage collection fee, metropolitan tax or fee, driveway fees, or others that may be applicable, with the exception of wealth taxes, or those levied on the generation of income or revenue rather than on ownership, enjoyment, or use.

In the event that any amount of property tax corresponding to tax periods prior to the date of the deed of conveyance is claimed from the buyer by way of liability transfer—due to the encumbrance of the property or properties being transferred— the buyer must notify the seller within 15 calendar days following the claim for the respective amount, and always within the voluntary payment period, once the competent public authority has resolved the corresponding insolvency and liability transfer proceedings necessary to effect payment.

Any surcharge, late fee, 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.

Both parties, to facilitate the management of the pro-rata payment of said IBI, agree that on the day of the deed, the buyer shall deliver to the seller, as an essential obligation of this contract, via bank check or bank transfer: 

• If the payment notice or certificate from the respective municipality is available, showing the exact amount of the IBI for the current year in which the deed of sale is executed, the corresponding prorated amount.

• If such a payment notice or certificate is not available, the calculation shall be based on the result of multiplying 1.05 by the amount of the IBI for the immediately preceding year. 

Thus, the parties consider the obligations arising from the payment of the Property Tax for the year in which the public deed of sale is executed to be settled and discharged, declaring that they have no further claims of any kind.

The seller must notify the buyer of the prorated amount of the IBI prior to the execution of the deed of sale. If such notification has not been made, the settlement of the IBI prorata shall be made after the execution of the deed.

At the time of executing 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 certificate cannot be obtained, the buyer shall release the seller from this obligation, and the seller shall assume in the deed the obligation to pay any duly justified outstanding fees for which the seller is liable and which legally affect the property up to the date of the deed.

The parties agree that, in the event that any special assessment or extraordinary fee has been approved prior to the signing of this private sales contract with a penalty deposit or is approved after its signing and prior to the execution of the public deed of sale, any special assessment or extraordinary fee, the seller shall be responsible for the fees incurred up to the execution of the public deed of sale, and the buyer shall pay those incurred thereafter.

The property that is the subject of this contract is currently vacant and will be delivered free of tenants, squatters, occupants, or other tenants. In the event that the property that is the subject of this contract is illegally occupied by a third party and has not been evicted within TEN (10) calendar days prior to the expiration of the deadline for the execution of the public deed of sale, the buyer may choose between an automatic extension of the deadline for the execution 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 paid as a deposit, with no further liability for either party.

In the event that the buyer has opted for the automatic extension of the deadline, if the occupant without title has not been evicted/removed, once the extension period provided for in the preceding paragraph has expired, the parties may reach an agreement to extend the deadline again; failing such agreement, the parties agree that this contract shall be deemed terminated by operation of law, and the seller must return to the buyer any amounts received as a reservation deposit and earnest money, whereupon the parties shall be deemed released, settled, and discharged, with no further claims against one another.

The illegal/unlawful occupation of the property that is the subject of this contract, nor the failure to evict the third-party occupant, shall be construed as a withdrawal or breach by the seller.

That, regarding the occupancy status of the dwelling, even if it is currently leased, in the event that the dwelling subject to this contract is illegally/unlawfully occupied by a third party other than the tenants, the seller shall deliver it free of occupants other than tenants once the occupant without title has been evicted, however, to coordinate the foregoing with the deadline for the execution of the deed, in the event of an illegal occupation and if the occupant has not been evicted/removed at least TEN (10) calendar days prior to the end of the period for executing the public deed of sale, the buyer may choose between an automatic extension of the period 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 paid as a deposit and without further liability for either party. 

In the event that the buyer has opted for the automatic extension of the deadline, if the occupant without title has not been evicted, once the extension period provided for in the preceding paragraph has expired, the parties may reach an agreement to extend the deadline again; failing such agreement, the parties agree that this contract shall be deemed terminated by operation of law, and the seller shall return to the buyer the amounts received as a reservation deposit and earnest money, whereupon the parties shall be deemed released, settled, and discharged, with no further claims against one another. 

The illegal/unlawful occupation of the property that is the subject of this contract, or the failure to evict the third-party occupant without title, shall not be construed as a withdrawal or breach by the seller. 

• Any bank fees or charges incurred in connection with the payment of the purchase price shall be borne by, charged to, and be the responsibility of the buyer, regardless of which bank charges such fees or requires payment, including fees for transfers made from a foreign country or similar charges. If such fees are charged to the seller, the amount must be paid by the buyer at the time of the transfer, the signing of the contract, or the execution of the public deed of sale, as such payment is essential for the seller; if the buyer fails to make this payment, the seller may withdraw from the contract without penalty, liability, or any obligation to refund any amount to the buyer.

• The execution of the public deed of sale before a notary shall take place within a maximum period of forty-five (45) calendar days if the buyer requires financing, and ten (10) calendar days if the purchase is made in cash, counting from the signing of the purchase agreement as a penalty deposit.

  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 executing the public deed shall be thirty (30) calendar days if the buyer requires financing or ten (10) calendar days if the purchase is made in cash; counting from the date on which the seller sends the buyer the abstract of title certifying their registered ownership.

• The amount of the penalty deposit, which shall be considered a down payment toward the purchase price, shall be 10% of the agreed-upon price. Payment of this amount shall not be deemed to have been made until the funds are received in the seller’s bank account; the buyer must immediately provide proof of payment to the seller upon its execution. Once the payment of said amount has been received and verified, this signed document shall be deemed, for this purpose, as a letter of payment for said amount. The remaining balance shall be paid by the Buyer to the Seller, without accruing interest, on the day this PURCHASE AGREEMENT is executed as a public deed, via 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 terms set forth in Clause THREE. The notary office or offices where the deed is to be executed shall be indicated by the Buyer to the Seller and must be located in the province where the property is situated. 

• 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.

• If the property is leased, the buyer shall acknowledge that they are aware of this situation and accept that it will be transferred in the stated leased condition, with the buyer subrogating the seller’s position in the lease agreement.

If the Seller holds a security deposit guaranteeing the contract, the Buyer shall be subrogated to that deposit with the relevant authority, if it has been deposited, or the Seller shall transfer the corresponding amount to the Buyer, if it has not been used. Furthermore, if there is any 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 use its best efforts to ensure that the Buyer is subrogated to it. If the security deposit and/or the 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, the Seller shall pay no amount whatsoever. 

• The rent for the month in which the sale is formalized through the notarization of this sales contract shall be prorated between the parties such that the Seller shall transfer the corresponding amount to the Buyer once received from the tenant.

• All expenses and taxes arising from this sale and its notarization 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 borne by the Seller.

• The buyer must inform the seller if they wish to purchase the property with financing. If no indication is provided in this regard, it will be understood that the purchase price will be financed in whole or in part by a bank, and the term will be that corresponding to bank financing.

• This is a sales contract with a penalty deposit, subject to Article 1454 of the Civil Code, such that the parties may withdraw from the sales contract, with the buyer accepting the loss of the deposit or the seller agreeing to return double the amount, under the terms agreed upon below:

• In the event of withdrawal or breach by the seller, the buyer shall be entitled to double the amount paid as a deposit, as set forth in the second provision of this contract. 

• In the event of withdrawal or breach by the buyer, the seller shall have the right 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 arising from this article.

For the withdrawal to be considered valid, it shall suffice for the withdrawing party to provide notice in any reliable form, whether ordinary or electronic; it shall also be deemed to have occurred tacitly by virtue of 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 executed for reasons attributable to the withdrawing party.

Specifically, and by way of example, this contract shall be deemed withdrawn:

1. 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 provided such notice, it fails to appear at the signing, except in cases of force majeure or unforeseeable circumstances.

2. The SELLER, if, having been 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.

3. The BUYER or the SELLER, as the case may be, if, having appeared at the execution of the Public Deed of Sale on the designated date and time, said Deed is not executed due to causes attributable to the party that withdraws.

4. The BUYER, if it fails to meet the payment milestones outlined in the second provision of this contract. 

Likewise, any other breach of the obligations arising from this contract shall be deemed a withdrawal by the BUYER.

The exercise of any third party’s right of first refusal regarding the property shall not be construed as a withdrawal or breach by the SELLER.

• In the event that the buyer does not require financing, they may also request a direct deed of conveyance which, if accepted by the Seller, shall be executed in accordance with the following essential conditions: 

  - The seller sells the property to the buyer, who purchases and accepts the property as is, except, where applicable, for any security alarm installed on the property, the anti-squatting security door, and any appliances and furniture present on the property; furthermore, the property is sold with all rights, uses, and services inherent to and accessory to it, in the physical, legal, urban planning, cadastral, registry, conservation, maintenance, occupancy, and encumbrance conditions and status that the buyer declares to be aware of and to accept, with all taxes applicable to the property for which the seller is liable, utility expenses, and ordinary fees of the Homeowners’ Association owned by the seller that affect the property as of the date of this contract being up to date in accordance with current legislation.  

  - Furthermore, the sale is made with the lock in the condition in which the buyer has seen and accepted it; the buyer is offered the option to replace the lock/cylinder for the respective price agreed upon by the parties. 

  - The property subject to this contract is currently vacant and will be delivered free of tenants, residents, occupants, or other occupants. 

  - In the event that the property subject to this contract is illegally/unlawfully occupied by a third party and has not been evicted/removed at least TEN (10) calendar days prior to the expiration of the deadline for the execution of the public deed of sale, the buyer may choose between an automatic extension of the deadline for the execution 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 paid as a deposit, with no further liability for either party, the parties being deemed released, settled, and discharged, and having no further claims against one another.  

  - In the event that the buyer has opted for the automatic extension of the term, if the occupant without a valid title  has not been evicted/removed, once the extension period provided for in the preceding paragraph has expired, the parties may reach an agreement to extend the term again; and, in the absence of such an agreement, the parties agree that this contract shall be deemed terminated by operation of law, and the seller must return to the buyer any amounts received as a reservation deposit and earnest money, whereupon the parties shall be deemed released, settled, and discharged, with no further claims against one another.  

  - The illegal/unlawful occupation of the property that is the subject of this contract, nor the failure to evict the third-party occupant, shall be construed as a withdrawal or breach by the seller. 

  - At the time of executing 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 dues. If, for any reason, this certificate cannot be obtained, the buyer shall release the seller from this obligation, and the seller shall assume, in the deed, the obligation to pay any duly justified outstanding fees for which the seller is liable and which legally affect the property up to the date of execution of the deed. 

  - The parties agree that, in the event that any special assessment or extraordinary fee has been approved prior to the signing of this private purchase and sale agreement with a penalty deposit or is approved after its signing and prior to the execution of the public deed of sale, any special assessment or extraordinary fee, the seller shall be responsible for the fees incurred up to the execution of the public deed of sale, and the buyer shall pay those incurred thereafter. 

  - In the event that there is a security alarm in the apartment, the buyer may choose to  

1. keep it and assume responsibility for its cost and fees, authorizing the seller to transfer any necessary data, solely for this purpose; or  

2. agree to facilitate the removal of the alarm for the seller, in the event that the seller has not removed the alarm on the day the deed is signed, the removal of the alarm within 15 days following the signing, actively and in good faith cooperating with its removal, assisting the technician who will perform the removal on the day and time indicated by the seller, who will notify the buyer 48 hours in advance, and proceeding with the removal only from Monday through Saturday.  

At least 10 calendar days prior to the date of signing the deed, and by certified email, the buyer must notify the seller which of the two options above they have chosen; otherwise, it will be understood that they have chosen option b). 

• The Anti-Squatting Security Door (PAO) is a security measure contracted by the seller and is not part of this contract. Once the public deed of sale has been executed, the seller will coordinate the removal of the PAO, which must be returned by the buyer in the same condition and state in which it was delivered by the seller; and it shall be the sole responsibility of the buyer to ensure that a private door is available to replace it. The Anti-Squatting Security Door (PAO) incurs a daily cost to be borne by the buyer from the day following the execution of the deed until its removal, provided that the buyer hinders or opposes the removal of the security device.

• Any appliances and furniture that may be present on the property shall not be included in the subject matter of this contract nor shall they be transferred along with ownership of the property, and the seller may remove them at any time. The buyer shall cooperate with the seller to proceed with the removal of the appliances and furniture if the seller is unable to remove them prior to the execution of the public deed of sale. 

• The seller declares that the property is current on Property Tax (IBI) payments for the tax periods in which the seller was liable, unless such tax has not been assessed, in which case the following paragraph shall apply. 

  In the event that any amount of property tax corresponding to tax periods prior to the date of execution of the deed—during which the seller was not liable for said tax—is claimed from the buyer by way of liability transfer due to the encumbrance on the property or properties being transferred, the buyer must notify the seller within 15 calendar days following the claim for the respective amount, and always within the voluntary payment period, once the competent public authority has resolved the corresponding insolvency and liability transfer proceedings necessary to effect payment. 

  Any surcharge, late payment penalty, 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. 

  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 party of the property subject to the sale. 

• The execution of the Deed of Sale before a Notary Public shall take place within thirteen (13) calendar days from the acceptance of the offer. 

• These deadlines may be extended if the apartment is not registered in the seller’s name or if renovation work is pending completion, in which case the execution of the Deed of Sale shall take place within the following 30 days, if the buyer requires mortgage financing, or within the following 10 days, if no mortgage financing is required, following the submission of the abstract of title reflecting the seller’s registered ownership.

The specific terms of the offer described above may be modified in the event of promotions and specific offers made by CLIKALIA, in which case they shall be governed by their specific terms to the extent they conflict with the foregoing. 

In connection with 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, 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 the financing of terrorism, and expressly authorizes the Property to carry out any verification updates it deems appropriate for this purpose.

The Property’s failure to obtain the information and documentation required by the internal policies established to comply with the law shall constitute sufficient grounds for the Property to terminate this sales contract with forfeiture of the earnest money deposit and to refuse to execute the deed of sale for the Property, without this entailing any liability whatsoever for the Property. In such a case, the Buyer shall be entitled to a refund of the amount paid to the Seller as a penalty deposit, provided that the Seller is entitled to retain the €1,000 paid as a reservation fee. 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 behavior or withdrawal and thereby avoid their obligation arising from the agreed-upon contractual deposit, if applicable, the refund of the amount paid shall not be considered unless it is in accordance with the law.

*The Property: