GCC

General Contract Conditions of BRICKBaRCELONA

Scope of applicability and object of the contract

1. These General Contract Conditions (GCC) rule the real estate brokerage services provided by BRICKBaRCELONA S.L. to any natural person and/or legal entity who/which may contract with BRICKBaRCELONA S.L. By entering into such contract, these GCC are considered to be accepted. 

2. These GCC apply to both individuals and companies, unless the clauses made a differentiation in this regard. 

3. The customer states their willingness to make a firm order by entering into the brokerage contract.

4. The previous paragraph applies likewise to distance contracts sent by fax or scanned via e-mail.

5. The brokerage contract does not require any particular form and it is considered as signed at the time of accepting the services of BRICKBaRCELONA by any means allowed by the current legislation regarding the customer and user protection. 

Brokerage fees and payment terms

1. The entering into a rental and/or purchase contract which has been the product of our intermediation accrues brokerage fees for BRICKBaRCELONA.

2. Unless otherwise expressly agreed between the customer and BRICKBaRCELONA, the following will apply: 

2.1. Purchase: 

a) Amount.- The sellers pay brokerage fees that amount to 5% of the economic value of the contract plus VAT. This includes all the subsidiary clauses thereof, being the minimum fee of €6,000 plus VAT.

b) Payment terms.- General assumption 

The brokerage fees are earned and enforceable to the seller as follows:

  • 50 %: by the signature of the deposit contract.
  • 50 %: by the granting of the title deed. 

c) Payment terms. – Special assumptions. Reservation of title

When a person is interested in a property mediated by BRICKBaRCELONA and s/he would like to obtain a preferential purchase option, s/he could sign a reservation of title for the time needed until the signature of the deposit contract, which could not be more than 15-30 days. The minimum reservation amount is €4,000 plus VAT, which BRICKBaRCELONA will keep as a deposit, not offering the property to other potential buyers. 

Once the period of time stated in the previous paragraph expires without having signed the deposit contract, BRICKBaRCELONA would return the amount paid for the reservation of title. Nevertheless, BRICKBaRCELONA reserves the right to bill the costs incurred during the processing of the purchase contract to the customer. This invoice would amount to a maximum of €250 plus VAT per week since the date of the reservation of title. 

BRICKBaRCELONA may also charge the buyer a maximum of €250 per week plus VAT as compensation for the selling opportunities missed by having held the property object of the contract out of the market. BRICKBaRCELONA would deduct these amounts from the deposit and the difference would be returned to the buyer. In any case the amounts deducted would not exceed the total deposit paid by the buyer. 

d) Deposit contract

Before the granting of the title deed, buyer and seller will sign a contract of security deposit with those effects determined in the Section 1454 of the Spanish Civil Code. The minimum amount is 10 % of the total price. If the reservation of title preceded, the reservation amount would be part of the deposit price. 

e) Title deed

The transfer of the property by the execution of the title deed by a Notary will mean the completion of the selling request between the seller and BRICKBaRCELONA. This will result in the liquidation and payment of the remaining fees referred to in point b) and the corresponding expenses, if any.

If the granting of the title deed did not take place because of attributable reasons to the seller or to the buyer, and they had entered into the deposit contract, the seller would not be exempted of paying the brokerage fees to BRICKBaRCELONA. 

2.2 Rent: 

a) Amount: The tenant pays the brokerage fees which amount to a monthly rent plus VAT for dwellings. In the case of premises or offices, the fee amounts to 10% of the yearly rent. 

b) Payment terms.- General assumption 

The brokerage fees are earned and enforceable to the seller at the moment of signing the lease contract. 

c) Payment terms. – Special assumptions. Rental reservation

When a person is interested in a property mediated by BRICKBaRCELONA and s/he would like to obtain a preferential rental option, s/he could sign a reservation for the time needed until the signature of the rental contract, which could not be more than 15-30 days. The minimum reservation amount is 30% of the monthly rent. The minimum reservation amount is €350 plus VAT, which BRICKBaRCELONA will keep as a deposit, not offering the property to other potential tenants. 

Once the period of time stated in the previous paragraph expires without having signed the rental contract, BRICKBaRCELONA would return the amount paid for the rental reservation. Nevertheless, BRICKBaRCELONA reserves the right to bill the costs incurred during the processing of the rental contract to the customer. This invoice would amount to a maximum of €250 plus VAT per week since the date of the rental reservation.

BRICKBaRCELONA may also charge the tenant a maximum of €250 per week plus VAT as compensation for the rental opportunities missed by having held the property object of the contract out of the market. BRICKBaRCELONA would deduct these amounts from the deposit and the difference would be returned to the tenant. In any case the sum of the amounts deducted would not exceed the total deposit paid by the tenant. 

3. The customer must immediately let BRICKBaRCELONA know about the signing of the contract and s/he must send a copy of the contract to BRICKBaRCELONA. 

4. BRICKBaRCELONA is not responsible in any case for the expenses that the customer may have incurred during the purchase/rental process, such as, professional fees (notaries, lawyers, accountants, architects and the like), transfers and accommodation, invested time, etc. 

5. The contract is considered to have been concluded under the mediation of BRICKBaRCELONA, unless the customer informs us about prior knowledge within a week, mentioning the source of such knowledge.

6. The right to receive brokerage fees also applies to business arising from the original contract. This means when the contract is signed existing a temporary, economical or objective connection to the original contract. This is the case, for example, when an extension or modification of the original contract is agreed.

Liability of the real estate agent

1. The information provided by BRICKBaRCELONA has been gathered from reliable sources. However, BRICKBaRCELONA rejects any kind of responsibility regarding the accuracy and certainty of such information and data. Particularly, BRICKBaRCELONA assumes no responsibility concerning the information about the construction plot of the contract, whether all the authorizations are available or not, the current or future rental relationships (including subsistence) or for the information regarding the yield of the properties. This list is not exclusive. The customer must verify the correctness of the statements and information affecting the property under contract. 

2. All documents have been carefully translated. Nevertheless, we do not assume any kind of responsibility for the correctness and accuracy of the content translated and/or for the mediate or immediate consequences with regard to the actions undertaken or not based on these translations. The content of the translations does not involve any kind of responsibilities. In any case, the contractual value emerges from the Spanish version of all the documents. 

3. BRICKBaRCELONA does not provide the customers with any technical, architectural, accounting, tax or legal advice. BRICKBaRCELONA can facilitate the contact of expert advisors if the customer wishes, in order to get advice on these or any other issues before entering into real estate contracts. 

4. In any case, we would only respond for fraud or gross negligence.

5. BRICKBaRCELONA reserves the right to act against payment for both parties involved in the real estate negotiation. 

Obligations of the client

1. The customer agrees to preserve confidentiality regarding all information received from BRICKBaRCELONA. In case of an eventual transmission to third parties, the customer would be responsible for the payment of our brokerage fees when entering the contract. 

Place of Jurisdiction – Applicable law

1. As long as the contract does not state the contrary, the city of Barcelona is place of fulfilment and payment. 

2. This contract applies the Spanish law without prejudice to the specialities that are applicable by the Catalan Civil Code. 

3. Exclusive jurisdiction is granted to the court competent in the city of Barcelona. 

Separability Clause. Principle of conservation of the contract

1. If any of the conventions of the present contract were or turned invalid, this would not affect the validity of the remaining determinations. 

2. If any of the conventions of the present contract were invalid, the parties involved would be obliged to negotiate an alternative, valid and acceptable convention for the parties, which should fulfil the desired economic end of the invalid convention in the most approximate form. 

The intermediation contracts concluded at a distance or away from the business premises are subject to the rules established in the Royal Decree 12/2007, especially regarding the withdrawal right under the following rules:

Revocation Law of contracts negotiated out of the business premises and distance contracts except for contracts related to financial services.

Revocation of consent

You can withdraw the contractual statement in writing form (letter, fax or email) within 14 days without providing any reason. The withdrawal period lasts 14 days from the day of signing the contract. In order to exercise your withdrawal right, you should inform us about your decision to cancel the contract by a clear statement, for instance, a letter sent by post, fax or email. You can use the standard withdrawal form attached, which is not obligatory. So as to ensure the withdrawal period, you can just send a notification before the expiration of the withdrawal period. 

The withdrawal should be sent to:

BRICKBaRCELONA S.L., Ramon Turró 100, Planta 6 Despacho 8 , 08005 Barcelona, España

E-Mail: info@brickbarcelona.es , F: + 34 609 44 16 18

Consequences of revocation

In the case that you withdraw the contract, we must return all payments that we had received from you within 14 days, starting on the day that the withdrawal notification is received. For this reimbursement, BRICKBaRCELONA would use the same payment method that the customer used to pay the original operation, except if the parties explicitly agreed other procedure. In any case, there will not be any extra payments for such refund. 

In case you ordered that the provision of services starts within the withdrawal period and you decided to withdraw the contract within this period, the customer should pay the appropriate amount corresponding to the services provided until that moment and in relation to the total provision of services stated in the contract. 

Expiration of the withdrawal right/consequences to withdrawal

In the event that the Spanish teleshopping law applied, the customer’s withdrawal right would end in advance if both parties fulfilled the contract completely, before the customer had exercised their withdrawal right. 

The service provision can start before the deadline of the withdrawal right: yes __ no __ (Select the appropriate answer)

Place and date:

Contractor’s signature:

Annex – Standard withdrawal form

(If you wanted to withdraw the contract, you would only need to fill this form in, sign it and send it to:)

BRICKBaRCELONA S.L., Ramon Turró 100, Planta 6 Despacho 8 , 08005 Barcelona, España

E-Mail: info@brickbarcelona.es , F: + 34 609 44 16 18

This is to withdraw the existing contract between the undersigned and BRICKBaRCELONA regarding the provision of brokerage services:

Name:

Address:

Signature*:

Date:

________________________________
* Only if the document is sent in printed form.

End of the Withdrawal Law

Forms to declare your will 

1. Declarations and notifications with legal effect that the customer may undertake against BRICKBaRCELONA or against third parties should be made in written form.