Terms & Conditions

Puntoproperties Terms and Conditions for using our website www.puntoproperties.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.

1. About Puntoproperties:

  1. The Puntoproperties brand and website is owned and operated by Robbrecht Jan, I am an independent registered in Spain  and our registered address is Calle Estocolmo 38, 30739 San Javier, Murcia Spain .
  2. We provide estate agency services to individuals, property developers, introducing partners and collaborating Estate Agents to facilitate property buying, selling and renting in Spain.

2. Puntoproperties website content:

  1. We update our website from time to time and may change the content at any time. However, the website content may be out of date at any given time and we are under no obligation to update it.
  2. We do not guarantee that our website, or any content on it, will be free from errors or omissions. We reserve the right to correct any errors from time to time.
  3. The information provided is for general purposes only and to inform you about properties for sale, Puntoproperties products, features and services. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

3. Accessing Puntoproperties.com:

  1. We will make reasonable efforts to ensure our website will always be available. However, we are unable to guarantee the website or any content within it will always be available or that access to it will be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the website without notice. We will not be liable to you if for any reason the website is unavailable at any time or for any period.
  2. We reserve the right to disable access to our website to any user at any time if in our reasonable opinion you have failed to comply with any of the terms laid out in these Terms and Conditions.

4. Creating a Puntoproperties account:

  1. You confirm and undertake that your access to our website is for the purposes of marketing for selling or buying property. Use of our website for any other purpose is strictly forbidden and we reserve the right to pursue any legal action(s) available for unauthorised use of our website.
  2. You must be over eighteen years of age to register on our website
  3. Information provided by you
    1. When you register, we ask you to provide information about yourself, such as your name, address, telephone number and email, and you agree that we and/or our Puntoproperties employees and partners may use such information as part of our verification process.
    2. The information you provide must be true, accurate and up-to-date, and by submitting the information, you agree to us and/or our partners carrying out any such checks. Should any of your registration details change, please log in to your account make the required changes or notify us using the contact details below.
    3. We are committed to protecting your privacy. All personal information given to us will be handled in accordance with the Data Protection Act 2018 and the U.E. General Data Protection Regulation (GDPR) 2016/679 of the European Parliament and the Council, of April 27, 2016. For further information, please see our Privacy Policy.

5. Content licence

  1. Any content which you post or upload to our website will be considered non-confidential. You hereby grant to us a non-exclusive, royalty-free, perpetual, and irrevocable licence to store, reproduce and edit any such content for any purpose(s) we see fit.
  2. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes an infringement of their intellectual property rights, or of their right to privacy.
  3. We may use information about your property to promote our services, including images and status. Only information that is publicly available will be used in this regard. For example, we may use the status of a sold property to promote our presence in your local area through Social Media, Direct Mail and/or Email. If you would prefer that we did not use your property information in this way, please email info@puntoproperties.com or notify our head office.
  4. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of our website.

6. Accessing your personal information and content

  1. You acknowledge and agree that we may, without liability to you, access, use, preserve and/or disclose your account information and any content uploaded onto our website to law enforcement authorities, government officials, and/or third parties, as we believe is reasonably necessary or appropriate, if legally required to do so or if we believe that such access, use, preservation or disclosure is reasonably necessary to comply with legal process, or protect us, our users or any third party, as permitted by law.

7. Intellectual Property Rights

  1. We are the owner of all intellectual property rights on our website. You may not use, copy, reproduce, display, distribute or pass off such intellectual property without written permission from us.

8. Disclaimer

  1. You agree that your use of our website shall be at your sole risk and that we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. Use of, or inability to use, our website; or
    2. Use of or reliance on any content displayed on our website.
  2. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Spanish law.
  3. You agree not to use our website for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, loss of contracts, business interruption, or loss of business opportunity.
  4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content from it, or any other websites linked to it.
  5. We assume no responsibility for the content of third-party property portals, or any websites linked on our website. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  6. Any content on our website is not intended to be advice on which you should rely. You should obtain professional advice before taking any action on the content within our website.

9. Changes to our Terms and Conditions

Any changes we make to our Terms and Conditions will be posted on this page on our website and dated. We reserve the right to vary these Terms and Conditions from time to time. It is your responsibility to check our website and these Terms and Conditions frequently for any changes. By continuing to use our website and services you agree to any such updated Terms and Conditions.

10. Jurisdiction

  1. This agreement is subject to Spanish law and the exclusive jurisdiction of the courts of Spain.

Definitions

In these Terms and Conditions, the following words and phrases shall, unless the context otherwise requires, have the following meanings:

'Puntoproperties team member'
means the Puntoproperties team member who conducts market research, attends viewings and other related services in respect of the property;

'Property'
means the residential property in Spain that you have asked Puntoproperties to appraise or have instructed us to advertise for sale;

'Buyer'
means the person(s) potentially or actually buying the property;

'Seller'
means the owner(s) of the property or the person(s) who is entitled to sell the property;

Terms of Service

This section sets out the terms upon which 247casas agree to offer and provide you with the services.

1. Instructing Puntoproperties

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. Our Services

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 Puntoproperties 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 Puntoproperties brand. Please note that your Puntoproperties team member may be replaced at any point during the term of our agreement with you.

2.4 Puntoproperties 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.

Market Research

2.6 The Puntoproperties team member will provide a guide price for marketing the property for sale. The guide price is based on the Puntoproperties 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 Puntoproperties team member during or following the market appraisal is not a valuation of the property.

Property Advert

2.8 A Puntoproperties 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).

Marketing

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.

Viewings

2.12 A Puntoproperties team member will have the responsibility to conduct attended viewings for prospective buyers.

Offers

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 Puntoproperties 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 Puntoproperties 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.

Reviews

2.20 Puntoproperties 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 Puntoproperties 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, Puntoproperties will contact you to review the marketing price of the property. We reserve the right to withdraw the property form all marketing activities.

3. Additional Services

Viewings

3.1 A Puntoproperties 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 Puntoproperties team member for the property and all lockable doors and cupboards within the property.

3.3 You must ensure that the Puntoproperties 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, Puntoproperties 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 Puntoproperties marketing package and are carried out by a Puntoproperties team member.

'For Sale' Boards

3.7 You will have the option to include a For Sale board as part of your Puntoproperties 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 Puntoproperties 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 Puntoproperties 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.

Habitacion Certificate

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 Puntoproperties 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 Puntoproperties shall have no liability to you for the additional services provided by such third parties.

4. Payment

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.

5. Cancellation, Duration and Refunds

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 info@puntoproperties.com or contacting us by phone on 0034 722 786 643.

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.

Puntoproperties 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. Limitation of Liability and Indemnity

Refunds

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.

7. General

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.

Your Obligations

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 Puntoproperties 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 Puntoproperties team member from time to time;

f. will notify a Puntoproperties 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 Puntoproperties team member with such information and materials as a Puntoproperties 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.

Complaints

7.7 Any complaints about the services must be made in writing and sent to us via email at info@puntoproperties.com 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.

Entire Agreement

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 Puntoproperties account.

Applicable law

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.

Appendix 1 - Definitions

In these terms and conditions, the following words and phrases shall, unless the context otherwise requires, have the following meanings:

'Acceptance Date'
means the date on which you accepted these terms and conditions;

'Associates'
means directors, employees, sub-contractors and agents of Puntoproperties;

'Additional Services'
means any products offered and provided by 247casas and/or a third-party partner (or another designated third party) which are additional to 247casas

'Completion'
means the date on which the legal transaction of the sale of the property is complete;

'Prospective Buyer
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;

'Market Research'
means the market research provided by the 247casas team member attending the property and recommending a guide price for the sale of the property;

'Marketing Period'
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.

'Marketing Price'
means the asking price for the property to be agreed between the seller and the 247casas team member;

'Reservation Contract'
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;

'Property'
means the residential property in Spain that you have asked an 247casas team member to research or have instructed 247casas to advertise for sale;

'Property Advert'
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;

'Buyer'
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;

'Seller'
means the owner(s) of the property or the person(s) who is entitled to sell the property;

'Services'
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;

'IVA'
means Impuesto de Valor Añadido (value added tax VAT) chargeable under Spanish Law 37/1992, of December 28;