General Terms and Conditions (AGBs) of the company Living Real Estate Mallorca

The general terms and conditions are the basis for business transactions with our customers. They simplify, speed up and standardize the conclusion of contracts through a pre-formulated set of rules. For merchants, these also apply to future business relationships without the need for an express agreement.

§ 1 CONFIDENTIALITY

All information and documents given by us including our object proofs are exclusively intended for our customers and may only be passed on to third parties with the written consent of Living Real Estate Mallorca. 

§ 2 DATA PROTECTION

The client expressly agrees that Living Real Estate Mallorca is authorised to process the necessary personal data of the client in accordance with the statutory regulations in order to fulfil its obligations.

§ 3 PREVIOUS KNOWLEDGE

If a property offered by us is already known to our customer, he must inform us in writing of the existing prior knowledge within three calendar days. If this does not happen, our customer shall reimburse us for all expenses incurred by us due to the fact that our customer has not informed us of the existing prior knowledge by way of compensation.

§ 4 LIMITATION OF LIABILITY

The information and data provided by us are based on information and communications from third parties. We do not assume any liability for the accuracy and/or completeness of this information. 

§ 5 CONCLUSION OF CONTRACT / COMMISSION

In case of a successful conclusion of the contract of the legally effective purchase document (Escritura) by our proof or mediation activity, the Owner / seller is obliged to pay the commission on the day of notarization by a Spanish bank-confirmed cheque. 
The amount of the commission depends on the commission agreement in the sales order. 

§ 6 ENQUIRY CLAUSE

The owner of an object, which he has given to us for sale, commits himself to ask Living Real Estate Mallorca before the conclusion of the intended purchase document (Escritura), stating the name and address of the intended buyer / contract partner, whether the supply of the intended buyer / contract partner has been caused by our activity. This also applies to third parties who have a direct or indirect relationship with the buyer.

§ 7 FOLLOW-UP BUSINESS

A commission claim by the agency Living Real Estate Mallorca also exists for subsequent transactions, which are concluded within a temporal and / or economic context since the original contract. 

§ 8 PLACE OF JURISDICTION

Palma shall be the only place of jurisdiction applicable in the event of failure to comply with the contract of sale, option contract or commission agreement. Spanish law shall apply exclusively.

§ 9 SEVERABILITY CLAUSE

Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced between the parties by a provision that comes as close as possible to the economic interests of the contracting parties and otherwise does not contradict the contractual agreements.