247casas Terms and Conditions for using our website www.247casas.com
Before using the website, it is important that you read and understand these Terms and Conditions in full. If you are unsure of the meaning of any of these Terms and Conditions, please contact us to discuss your query before using our website.
In these Terms and Conditions, the following words and phrases shall, unless the context otherwise requires, have the following meanings:
'247casas team member'
means the 247casas team member who conducts market research, attends viewings and other related services in respect of the property;
means the residential property in Spain that you have asked 247casas to appraise or have instructed us to advertise for sale;
means the person(s) potentially or actually buying the property;
means the owner(s) of the property or the person(s) who is entitled to sell the property;
This section sets out the terms upon which 247casas agree to offer and provide you with the services.
1.1 As a seller, when you instruct us, you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or sale of the property.
1.2 Our acceptance of your instruction is subject to receiving satisfactory verification of the identity of the sellers and details of the property.
2.1 We will provide the services to market the property for sale and help facilitate the eventual sale of the property.
2.2 We will carry out the services with reasonable due care and attention. We will use our reasonable endeavours to ensure that 247casas carries out the Services, with reasonable due care and attention.
2.3 We assist in providing the services in all the regions of Spain under the 247casas brand. Please note that your 247casas team member may be replaced at any point during the term of our agreement with you.
2.4 247casas enhances the provision of the services to you by offering head office support to help you with any queries relating to the marketing and sale of the property.
2.5 You must regularly check your Emails, SMS, What's App and Voice Messages for updates including messages and appointments or viewing requests in relation to the property.
2.6 The 247casas team member will provide a guide price for marketing the property for sale. The guide price is based on the 247casas team members experience, national and regional trends in the property market, and data obtained from various sources including but not limited to third party property portals and the Spanish Land Registry. Ultimately, it will be your decision (as a seller) to decide on the marketing price to include in the property advert. You will be able to amend the marketing price by notifying us by email and phone, at any time during the marketing period and we shall use our reasonable endeavours to update the marketing price on the our website and any third party property portals within seven working days of receiving such notification.
2.7 You agree and acknowledge that the guide price provided by the 247casas team member during or following the market appraisal is not a valuation of the property.
2.8 A 247casas team member will create your property advert for you and upload it onto our website. You will have the opportunity to edit or suggest amendments to the property advert.
2.9 You are responsible for ensuring that all information relating to the property in the property advert is accurate, current and in no way misleading (please refer to the section headed 'Description of the Property' in these Terms and Conditions, below).
2.10 We will advertise the property for sale on our website and any third-party property portals that we consider to be the most effective way of securing interest in the property from prospective buyers for the duration of the marketing period. We reserve the right to withdraw the advertisement and marketing of the property from our website and/or third-party property portals at our absolute discretion.
2.11 Third party websites such as property portals are subject to change and we do not guarantee the continued presence of the property on any individual website.
2.12 A 247casas team member will have the responsibility to conduct attended viewings for prospective buyers.
2.13 We will provide you with written confirmation of all offers received from prospective buyers as soon as an offer has been qualified or otherwise within 48 hours of receipt.
2.14 A 247casas team member will assist in negotiating any offers.
2.15 Upon agreeing the sale of the property with any buyer, you must promptly provide us with the contact details of your instructed conveyancer, nominated property sales administrator and/or your mortgage provider. If your instructed conveyancer, nominated property sales administrator and/or your mortgage provider changes before completion, you must promptly provide us with the updated contact details of your instructed conveyancer, nominated property sales administrator and/or your mortgage provider.
2.16 You confirm that once we receive confirmation that an offer for the sale of the property has been accepted and the reservation contract has been signed by both parties, we can automatically forward your details and the details of the prospective buyer to the conveyancer and/or nominated property sales administrator who you have instructed.
2.17 If an offer for the sale of the property has been accepted you will have access to a 247casas staff member who will assist you up to the completion of the sale of the property. You hereby consent to us contacting your conveyancer, nominated property sales administrator and/or mortgage provider and those of the prospective buyer and any other parties involved directly or indirectly in the sale of the property.
2.18 We will take reasonable steps to ensure that all parties are informed of any changes or developments in the sale of the property, however, you are ultimately responsible for ensuring all parties are aware of any changes or developments. We accept no liability for any loss arising as a result of such communications between the parties.
2.19 In the event that a sale of your property does not complete, we will resume marketing the property at your request.
2.20 247casas may contact you on a regular basis if you have not received any offers during the marketing period to provide you with recommendations to help market the property more effectively and to review your property advert. You are under no obligation to follow these recommendations however you will be required to engage with us in a reasonable discussion. If the property remains unsold, we may contact you regularly to offer further recommendations to help market the property more effectively.
2.21 Should 247casas receive consistent feedback from prospective buyers that suggests the marketing price is too high to result in a sale or if the property receives little interest from prospective buyers, 247casas will contact you to review the marketing price of the property. We reserve the right to withdraw the property form all marketing activities.
3.1 A 247casas team member will attend all viewings at the property during the marketing period.
3.2 Should you for any reason be unable to attend any viewings yourself it is your responsibility to provide sets of keys to the 247casas team member for the property and all lockable doors and cupboards within the property.
3.3 You must ensure that the 247casas team member has access to the property at the date and time of any confirmed viewings.
3.4 You must ensure that the property is in a safe condition and prepared for any and all viewings.
3.5 Should you fail to provide access to the property for viewing on multiple occasions, 247casas reserves the right to cancel this agreement in which case cancellation fees may apply.
Photographs & Video
3.6 Photographs and Video content are included as part of the 247casas marketing package and are carried out by a 247casas team member.
'For Sale' Boards
3.7 You will have the option to include a For Sale board as part of your 247casas package at no extra cost to you. If chosen, you give permission for us to place a 'For Sale' board at the property.
3.8 The 'For Sale' board shall belong to 247casas and we will arrange for the board to be collected at such time when the property sale is completed, the property is withdrawn from the market, at the end of the agreed marketing period, or following cancellation of the agreement, whichever is the sooner.
3.9 It is your responsibility to ensure that the 'For Sale' board is removed from public display no later than 14 calendar days after the sale of the property and kept safe and secure for collection by us.
Energy Performance Certificate ('EPC')
3.10 Property owners are required by law in Spain to provide buyers with an energy performance certificate (EPC). The EPC must be dated within the last 10 years and include information about the level of energy efficiency for the building so that potential buyers and tenants can compare it with others. The EPC will contain an energy rating for your property according to a scale. 'A' will represent the highest level of efficiency and 'G' the lowest. The rating will take into account the consumption levels of electricity, water and gas. It is a legal requirement for you to have a valid EPC for the property or to have instructed an EPC before we can market the property.
3.11 You can instruct an EPC from 247casas by purchasing it at an additional cost.
3.12 You acknowledge and agree that in purchasing this additional service, we will share your personal data (including your contact details) with a third-party provider.
3.13 We will place an order with the provider who will liaise directly with you to arrange a suitable time to carry out the survey. You must notify the provider if you are not available at the agreed time. If the provider attends the appointment but is unable to enter the property at the agreed time, you will be liable for the cost of any subsequent visit by the provider.
3.14 On the day of completion property owners in Spain are required by law to provide buyers with a habitacion certificate. It is a legal requirement for you to have a valid habitacion certificate dated within the last 10 years.
3.15 You can instruct a habitacion certificate from 247casas by purchasing it at an additional cost.
3.16 You acknowledge and agree that in purchasing this additional service, we will share your personal data (including your contact details) with a third-party provider.
3.17 We will place an order with the provider who will liaise directly with you to arrange a suitable time to carry out the survey. You must notify the provider if you are not available at the agreed time. If the provider attends the appointment but is unable to enter the property at the agreed time, you will be liable for the cost of any subsequent visit by the provider.
Third Party Services
3.18 We may introduce you and prospective buyers to our selected partners who offer additional services such as insurance, mortgages, foreign currency exchange, surveys and conveyancing and from whom we may receive a commission. You acknowledge and agree that any relationship between you and a third-party supplier is by separate agreement and 247casas shall have no liability to you for the additional services provided by such third parties.
4.1 Commission on successful sales is payable on the notary completion date of the property sale
4.2 You agree to notify us promptly on the occurrence of each of the following events, including details relating to the parties involved and the timing:
a. you agree to the sale of the property with any buyer;
b. unconditional contracts for the sale of the property are exchanged; and
c. upon completion of the sale of the property.
Upon exchange of contracts on your property, we have the right to remove the property from your account and our website and all third-party property portals.
4.3 You must promptly provide us with the contact details of your instructed conveyancer and/or nominated property sale administrator as soon as they are instructed and by no later than ten business days prior to the expected date for exchange of unconditional contracts for the sale of the property. If your instructed conveyancer and/or nominated property sale administrator changes at any time before completion, you must promptly provide us with the updated contact details of your instructed conveyancer and/or nominated property sale administrator.
4.4 Any payment obligation(s) that arise before termination of this agreement shall survive termination of the agreement.
4.5 Please note that you may be liable to pay more than one estate agency fee if you have previously instructed another estate agent to sell the property on an exclusive basis. It is your responsibility to check the terms and conditions of any estate agency contract that you have previously signed.
Your right to cancel
5.1 You can cancel this agreement at any time within 14 calendar days of the acceptance date (the 'Cancellation Period') by sending us your decision in a clear statement by letter, post, email email@example.com or contacting us by phone on 0034 966 761 805.
5.2 Following the Cancellation Period you can terminate this agreement at any time by providing us with 14 days' notice contained in a clear statement by letter, post or email. However, you will not be entitled to a refund for any services after the 14 days Cancellation Period has expired.
247casas right to cancel
5.3 We may terminate this agreement at any time by providing you with written notice if: (a) you have committed a material breach of the terms of this agreement and that breach is incapable of remedy; or (b) you have committed a material breach of the terms of this agreement and you have not remedied that breach within 7 days of our notification of such breach(s); or (c) you are in persistent breach of the terms of this agreement. Your obligations at Clause 8.5 are all "material".
5.4 We may terminate this agreement with you at any time in writing if you do not: (a) within ten business days of the agreement date, provide us with information that is necessary in order for us to provide the services in full (including but not limited to information requested to verify your identity and your ownership of the Property and evidence that a valid EPC certificate exist or has been commissioned), or (b) if such information fails our customer due diligence and/or money laundering checks (in which case we may also have to cease to act without explanation).
6.1 We do not exclude or limit in any way liability for death or personal injury caused by our negligence or the negligence of our Associates, fraud or fraudulent misrepresentation; or breach of any terms implied by the Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
6.2 We will not accept any responsibility for any damage or loss suffered as a result or in connection with the placing of the 'For Sale' board on your Property.
6.3 We do not accept any responsibility for any loss or damage caused by a prospective buyer visiting the property.
6.4 You agree that it is your responsibility to ensure the safety of any prospective buyer visiting your property, and we do not accept any liability in this respect.
6.5 Due to the nature of the services, we do not guarantee that you will receive viewings requests, receive an offer or ultimately complete the sale of the property. We will not be liable for any losses, claims, damages, costs or expenses suffered or incurred by you or any other person should the property not sell.
6.6 You agree that you will indemnify us and/or our partners, and keep us and/or our partners indemnified, from and against all direct costs, expenses, damages and losses, which may be suffered or incurred by us in connection with any third party claim made against us arising as a result of the seller's breach of this agreement or its legal responsibilities.
Description of the Property
7.1 It is your legal responsibility to disclose any information you are aware of that relates to the property in a clear, intelligible and timely manner and you agree to comply with this responsibility. You will provide information that is accurate and not misleading, and you must not omit to disclose anything material that may impact on the average consumer's transactional decision in relation to the property.
7.2 You acknowledge and agree that it is your responsibility to check your property advert in its entirety and notify us of any incorrect or missing information prior to the property being listed on the market. If at any time you become aware of any such incorrect or missing information while the property is listed on the market you must notify us immediately.
7.3 If you feel that any marketing material promoting the property is not accurate or is misleading, you must contact us immediately. We will review the relevant material as soon as is practicable and take such action as is necessary to amend the material. You acknowledge that material promoting the property is subject to change at any time.
7.4 If we are notified or made aware of information or material provided by you that infringes a third party's intellectual property rights, we have the right to remove the property from our website and third-party property portals immediately.
7.5 You confirm and undertake that you:
a. has entered into the agreement in good faith and with a genuine desire to engage us to sell your property;
b. are the sole owner or joint owner of the Property;
c. has the necessary authority, power and capacity to instruct us to list the property for sale from all owners of the property and will provide evidence of such if required to do so by us;
d. own or are licensed to use any and all intellectual property rights in any content uploaded onto our website or your 247casas account and that any such content does not infringe any third party's intellectual property rights;
e. will co-operate with any reasonable security checks or requests for information made by an 247casas team member from time to time;
f. will notify a 247casas team member if you are not the legal owner of the property you have instructed us to sell or if you are acting on behalf of a company or trust;
g. are able to advertise with us at the same time if the property is being advertised by another estate agency. If you instruct us to advertise the property and subsequently find that this puts you in breach of your other estate agent's terms of contract, then your listing can be stopped provided you give us at least 48 hours' notice in writing.
h. will provide a 247casas team member with such information and materials as a 247casas team member may reasonably require in order to provide the services and that such information is in compliant with this agreement;
i. will instruct an EPC for the property prior to the marketing of the property if a valid certificate does not already exist. If a valid EPC does exist, you will provide a copy to us within ten business days of the agreement date;
j. will instruct a Habitacion Certificate for the property prior to the completion of property if a valid certificate does not already exist;
k. provide us with any documentation that we may require to carry out due diligence on all you in accordance with our obligations under the Law 10/2010, of April 28, on the prevention of money laundering and financing of terrorism.
Application of these Terms
7.6 Neither you nor we exclude our liability for misrepresentation. If we already have an agreement with you and we enter into another agreement in relation to the same subject matter, the new agreement will supersede and replace this agreement.
7.7 Any complaints about the services must be made in writing and sent to us via email at firstname.lastname@example.org All such complaints will be dealt with swiftly and professionally.
7.8 In the event that any complaint cannot be resolved with us directly, please be aware that we are registered with the Association of International Property Professionals (AIPP) which provides consumers with a free, impartial and independent alternative dispute resolution service.
7.9 This agreement and any documents entered into pursuant to it constitutes the entire agreement between the parties and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral, in respect of its subject matter.
247casas Proprietary Rights
7.10 You acknowledge and agree that we and/or our third-party partners own all legal right title and interest in and to our website and your 247casas account.
7.11 The agreement is governed by Spanish law, and subject to Clauses 7.8 any claim arising out of, or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with the laws of Spain and the both parties agree to submit to the exclusive jurisdiction of the Spanish courts.
In these terms and conditions, the following words and phrases shall, unless the context otherwise requires, have the following meanings:
means the date on which you accepted these terms and conditions;
means directors, employees, sub-contractors and agents of 247casas;
means any products offered and provided by 247casas and/or a third-party partner (or another designated third party) which are additional to 247casas
means the date on which the legal transaction of the sale of the property is complete;
means a person who has expressed an interest in buying the property from seller during the marketing period immediately from the date of this agreement;
'247casas team member'
means the person(s) employee or local partner from 247casas who will conduct market research, attended viewings (as more specifically set out in the section headed 'Additional Services and') and other related services in respect of the property;
'Market' or 'Marketing'
means the property is listed for sale on our website and/or is listed on any other third-party property portals by 247casas;
means the market research provided by the 247casas team member attending the property and recommending a guide price for the sale of the property;
means the period of time from the date that 247casas commences the marketing of the property on our website or third-party property portals or until such time as that notice is served that the agreement is to be cancelled or until such time as the property advert is removed or withdrawn by 247casas on our website or such third-party property portals.
means the asking price for the property to be agreed between the seller and the 247casas team member;
means the document that is signed by both the buyer and seller confirming the terms of an offer for the purchase of the property which has been accepted, where both parties agree to proceed with the formal aspect of the sale;
'Third-Party Property Portals'
means the selection of Spanish & International Property Portal websites that 247casas decides to partner with to promote the property from time to time;
means the residential property in Spain that you have asked an 247casas team member to research or have instructed 247casas to advertise for sale;
means a written description, a floorplan, the photographs and video of the property taken by an 247casas team member which are used to market the property;
means the person(s) buying the property;
'Qualified' or 'Qualification'
means taking reasonable steps to find out from a prospective buyer the source and availability of their funds for purchasing the property with such information to include whether the prospective buyer needs to sell a property, requires a mortgage, claims to be a cash purchaser or any combination of these;
means the owner(s) of the property or the person(s) who is entitled to sell the property;
means the Real estate agency services provided by 247casas, which will include as a minimum: the creation of a property advert, marketing of your property on our website and selected third-party property portals (all as more specifically details below and on our website), assistance in the negotiation of any offers (as requested) and assistance in progression of the sale of the property through to completion;
means Impuesto de Valor Añadido (value added tax VAT) chargeable under Spanish Law 37/1992, of December 28;