Terms and conditions
Definitions and Concepts: In these general conditions the following terms have the following meanings.
Agreement: the assignment agreement to sell given by the seller to the agent.
The buyer: is the person / entity who proceeds to the purchase of the house in which he was made aware by the agent.
The seller: is the client who is entitled to sell the house.
The agent: HIS agency Inmo Spain SLU located in El Campello
The property: the property given by the seller in sales.
The website: is the website www.housesinspain.com
The digital order form: is the “Instruction to sell a house”
Section 1. General
Article 1 - Establish initial agreement
By completing and submitting the digital order form from the website, the seller is bound by the terms and conditions of the agreement. By sending the order form, the agreement is also established as a signature, if missing due to the digital nature of the offer and the processing and recording of data.
Article 2 – Instruction to sell
An instruction to sell as provided in this site is provided if the vendor submits the digital order form digitally or in another written form to the agent. By this, we specifically mean completing the order form and sending it.
Article 3 - Liability and instruction
The seller states, by giving the order, to be authorised to sell the property. If the seller is acting in the name of another, the written authorisation must be available to the agent.
The seller is solely responsible for the information provided. The agent will use the information online as entered by the seller on the order form; the information provided by the seller is not controlled by the broker. The seller will indemnify the agent for all claims by third parties relating to the publication.
The seller is obliged immediately after giving the instruction to sell to provide a copy of his identity card to the agent.
Article 4 - Duration of Agreement
The agreement is initially calculated for the period of 12 months from the date of commissioning. It will subsequently be renewed automatically for the same period. If the seller, at the latest 30 days before the expiry of a 12-month period, indicates his desire to withdraw the order, the contract will terminate at the end of that 12-month period.
Article 5 - Obligations of the seller
The seller is obliged to complete the digital order form as fully and honestly as possible. The seller is solely responsible for providing correct information.
The seller is obliged to report all relevant information relating to the property to the agent.
The seller is obliged to check for accuracy all information about his property that becomes available to third parties via the website of the agent. Any errors in these statements are for the account and risk of the seller.
Part 2. Services
Article 1 - Description of contract
Basic Package, non-exclusive sale. The seller keeps open the possibility of the property also being advertised through other estate agents. The agent receives a 5% commission of the selling price if the property is sold to a buyer who became aware of the property by means of the agent.
Plus package, exclusive sales.
The seller provides the property for sale exclusively through the agent.
Features of the plus package: the house appears as a featured house on the website, professional photos, advertising on international housing sites. The agent will receive 3% commission of the selling price if the house is sold.
Article 2 – Agent Commission and Payment
VAT is added to the commission fee. The fee is calculated on the selling price.
Entitlement to commission by the agent is at the time of a purchase agreement between the seller and a buyer who is alerted by means of the agent on the property, regardless of how this is done; either via the website or by a visit to the property, or any other form of publication of the property by the agent.
Even if the buyer intends to have a purchase agreement as above with any other person or legal entity to which he is connected, the duty of the seller continues, and the agreement to pay commission to the agent still exists.
Even if the buyer, as defined above, intends to directly have a purchase agreement with the seller without the intervention of the agent, the seller's obligation to pay commission to the agent will always exist.
From the moment of commissioning by the seller, the agent is allowed in name and in representation of the seller to conclude a contract on behalf of the seller as well as taking payments for the process of a sale.
The agent receives 50% of his commission when the buyer makes the first payment to the seller and then 50% upon signing of the deed at the notary. The seller gives the agent permission to retain his commission from the payments made by the buyer.
Once the purchase agreement is signed and an initial payment is made to the seller, the agent is entitled to 50% of the agreed fee in the event that the buyer or the seller withdraws from the agreement. However, the amount which the agent has the right to will never be more than the payment made.
Domicile and legal notifications
Address for notifications to seller: The home address and email address as indicated by the seller in the application form on the website.
Address for notifications to the broker: Calle de la Venta de la Remuda 8, 03560 El Campello, Alicante Spain. Email: email@example.com
The agreement is subject to Spanish law.