terms and condiciones

1. The Website, applicable law

This website is operated by Canarias-Realestate24, registered in Calle La Sabina 23, 38760 Los Llanos de Aridane, La Palma, Tenerife, Spain, represented by Doerthe Onigkeit, NIE X-9872182-F.

2. Consent with General Terms and Conditions

The use of the website and the services provided by Canarias-Realestate24 is subject to the following general terms and conditions. By using the website, the user agrees to the general terms and conditions without any restrictions or additions. Otherwise, the user is not authorised to use the website and the services provided by Canarias-Realestate24.

3. Canarias-Realestate24 – Services and Commission

Canarias-Realestate24 acts solely as an intermediary for purchase contracts concerning real estate in Spain. The service provided by Canarias-Realestate24 consists exclusively in brokering contracts for the purchase of real estate between sellers and potential buyers. Canarias-Realestate24 does not become a contracting party to any purchase agreement itself but merely facilitates contact between the parties.

A claim for commission arises as soon as a purchase agreement for a property is concluded as a result of the evidence or brokerage services provided by Canarias-Realestate24 – even if this agreement is concluded at a later date. It is sufficient if Canarias-Realestate24 activity was a contributing cause of the contract being concluded.

The right to commission also remains if, as a result of Canarias-Realestate24 activities, direct negotiations are initiated between the contractual parties and a purchase agreement is subsequently concluded.

The claim to commission also arises if a family member or a third party economically connected to the client makes use of the real estate offer and concludes a corresponding contract. In this case as well, a contributing role of Canarias-Realestate24 activity is sufficient.

If there are multiple clients, they are jointly and severally liable for the agreed commission.

4. Obligations of the Seller

Commission entitlement

If a buyer is successfully procured through Canarias-Realestate24, the seller agrees to pay a commission of 3% of the purchase price, but no less than €1,800, plus the applicable value-added tax (7% I.G.I.C.), to Canarias-Realestate24. If the purchase price is reduced during the contract period, the commission will be adjusted accordingly to reflect the reduced price.

Due date of commission

The commission is due at the latest upon notarized transfer of ownership (escritura pública), unless otherwise agreed in writing.

If a preliminary contract (e.g., purchase option) is concluded between the seller and a prospective buyer, 2/3 of the agreed commission is to be paid to Canarias-Realestate24 within 5 working days after signing the preliminary contract.

The remaining 1/3 of the commission is due at the latest upon notarized transfer of ownership.

Multiple engagements

If the seller engages additional brokers or intermediaries to sell the same property, Canarias-Realestate24 must be informed.

Notification obligations

The seller agrees to promptly inform Canarias-Realestate24 if:

the property is sold or a sale is initiated by third parties,

the property is sold by the seller directly or such a sale is intended,

the intention to sell changes significantly or ceases,

the seller does not sign the originally agreed purchase price without consultation, or any change in the purchase price must be immediately reported to Canarias-Realestate24.

Pre-contractual obligation

If Canarias-Realestate24 submits a preliminary contract signed by a buyer in which they commit to purchasing the property, the commission claim arises even if the seller does not sign the preliminary contract or withdraws from the sale for other reasons.

Right to conduct viewings

The seller grants the representative of Canarias-Realestate24 access to the property, by prior arrangement, in order to carry out viewings or other measures necessary for the brokerage process.

1. Obligations of the buyer

Inquiry and intention to purchase

The buyer’s expressed inquiry forms the basis of Canarias-Realestate24 activities. Should this inquiry change significantly or the buyer withdraw their intention to purchase, Canarias-Realestate24 must be informed without delay.

Basis of offer and disclaimer of liability

All offers presented by Canarias-Realestate24 are based on information provided by the respective seller and are made to the best of Canarias-Realestate24 knowledge and belief. However, all offers are subject to change and non-binding, and are made with reservation for errors, prior sale, or changes.

Commission claim

If a notarized purchase agreement is concluded as a result of Canarias-Realestate24 mediation, the buyer agrees to pay a commission of 3% of the notarized purchase price, but no less than €1,800, plus the applicable value-added tax (7% I.G.I.C.), to Canarias-Realestate24.

Payment terms for preliminary contract

If a preliminary contract (e.g., reservation agreement or purchase option contract) is concluded between the buyer and the seller, 2/3 of the agreed commission must be paid to Canarias-Realestate24 within 5 working days after signing the preliminary contract.

The remaining 1/3 of the commission is due at the latest upon notarized transfer of ownership (escritura pública).

5. Additional costs and fees for the buyer

In addition to the purchase price and the commission owed to Canarias-Realestate24, the purchase of a property in Spain incurs further costs and fees, which are to be borne by the buyer. These typically amount to approximately 10–11% of the purchase price and include, in particular, the following:

Property Transfer Tax: Generally, the property transfer tax amounts to 6.5% of the purchase price stated in the contract. When purchasing a new property from a development company, 7% I.G.I.C. (Canary Islands VAT) must be paid to the developer. In such cases, an additional 1% of the purchase price is payable as purchase tax, instead of the regular property transfer tax.

Fees for registration in the Land Registry (Registro de la Propiedad).

Fees for updating the Municipal Cadastre (Catastro).

Notary fees for certifying the purchase agreement.

These ancillary costs are not part of Canarias-Realestate24 commission and are not included in the purchase price. A binding statement regarding the exact amount of these costs can only be provided by the competent authorities, notaries, or tax advisors.

6. Use of the website

This website is available to the user for their own use. The on website related services cannot be resold, passed or transferred by the user to third parties in return for payment. The website can be used exclusively in accordance with the contract and legally permitted manner and with the regulations in these General Terms and Conditions. In accordance with the contract, this specifically refers only to the offering of real estate as well as any other lawful use of the functions available on the website. In particular, the following applies:

1. a) The user must be at least 18 years old and have full legal capacity.
2. b) You confirm that all information you provide about yourself is truthful.
3. c) It is not allowed to use the website for speculative or fraudulent purposes.
4. d) It is not allowed to reproduce, sell, transfer, publish or reproduce the website and its contents by the user. For your personal or non-commercial use, making of a single copy of the page is permitted.
5. e) The user agrees to indemnify Canarias-Realestate24, their partner companies and employees against all claims by third parties (including reasonable costs of legal action), which arising from an abusive, or otherwise illegal non-conforming use of the website and its contents by the user.

7. Software

Canarias-Realestate24 is the owner of all rights of the software that is available for download on the website. The unauthorized copying, use or disclosure of the software is expressly prohibited.

8. References to other websites

Possibly this website contains additional hyperlinks which lead you to other websites of external providers. Canarias-Realestate24 has no responsibility on their design and content and is therefore not responsible for the accuracy, timeliness, completeness and quality of information provided there. Canarias-Realestate24 expressly dissociates itself from all contents of these external websites. Please contact the operator of the respective website in case of any concerns you may have in connection with such a site.

9. Changes at the website

Canarias-Realestate24 reserves the right to make changes at any time on the website or its content, especially regarding the selection of providers, information, databases or their contents.

10. Copyright and property rights

Canarias-Realestate24 holds the copyright and all other industrial property rights to the website and its content. All content is the exclusive owned by Canarias-Realestate24, unless the ownership of a third party is specifically indicated.

11. Changes of the General Terms and Conditions

Canarias-Realestate24 reserves the right to amend or renew the General Terms and Conditions for the use of this website at any time with effect for the future, without any obligation to inform the user. The current version of the General Terms and Conditions will be available on the website from the time of their validity. By continuing to use the website after a change to the General Terms and Conditions, you declare your agreement to the changes.

12. Invalid provisions, severability clause

If any single provision of the contract is or becomes ineffective, this shall not affect the effectiveness of the remainder of the agreement. The ineffective provision shall be replaced by a provision that most closely approximates the economic purpose of the replaced provision.

13. Legal status

In the case of any dispute concerning the fulfilment and implementation of this contract, the parties of this contract agree expressly submit to the jurisdiction of the judicial authorities of the Province of Santa Cruz de Tenerife and expressly waiving any other jurisdiction that may correspond to them.

14. Legal regulation

The received personal data will be handled according to the data protection law 15/99 from 13th of December. The client has access to his data at any time and can change or delete the data by requesting it to the company by e-mail or post.