Also important
Terms - short, clear, fair.
What applies between you and Buena Vista Crew when we work together. Individual agreements in a sales mandate always take priority.
1. General
These General Terms and Conditions govern the cooperation between you and us, Buena Vista Crew S.L.
Individual arrangements in the sales mandate always take precedence over these Terms.
A contract is formed as soon as you make use of our services and we confirm our activity as broker – if you are a seller, usually in writing through signing the sales mandate; if you are a prospective buyer, through our confirmation of your inquiry or viewing.
2. Contract term
If you are a seller, the term of our mandate is governed exclusively by the arrangements in the sales mandate.
If you are a prospective buyer, no fixed contract term arises through your inquiry or viewing. Your interest applies only to the respective property and is subject to client protection (see section 7).
3. Commission
In Spain, the broker's commission is generally paid by the seller.
The amount and due date of the commission are set out exclusively in the sales mandate.
As a prospective buyer, you pay no broker's commission.
4. Additional services
Beyond our brokerage activity, additional services may be offered.
These are subject to a fee only if expressly marked as such, separately agreed and confirmed in writing.
5. Property information
Our exposés and information are based on details provided by the owner or third parties.
We review them carefully but cannot guarantee their completeness or accuracy, unless we can be shown to have intentionally or grossly negligently breached our duties.
6. Dual activity
We may act for both sellers and buyers.
This is customary in Spain and enables a fair and transparent process for everyone involved.
In doing so, we always act in good faith and safeguard the interests of both sides.
7. Duties to cooperate and client protection
So that we can work successfully for you, good cooperation is important:
If you are a seller: Please provide us with all required documents and information and inform us in good time about any changes to your intention to sell or to your conditions.
If you are a prospective buyer: Please confirm your buying interest to us in writing when we present a property. In addition, the principle of client protection applies: a property can only be viewed with one agency. Please therefore do not arrange parallel viewing appointments for one and the same property with several brokers. This keeps your interests and those of the seller clear and protected.
8. Confidentiality
All information and documents we make available (e.g. exposés, draft contracts) are confidential and intended exclusively for you.
Passing them on to third parties is only permitted with our consent.
If an unauthorized disclosure causes a transaction to be routed around us, we reserve the right to claim damages.
9. Liability
We are liable for intent and gross negligence.
For slight negligence, we are liable only for foreseeable damages typical of the contract.
Liability for damages to life, body or health remains unaffected.
We are not obliged to verify the creditworthiness of the other contracting party, unless we are aware of recognizable risks that we conceal from you.
Our property valuations are estimates, not official appraisals.
10. Data protection & right of withdrawal
We process your data exclusively in accordance with applicable data protection law.
Details can be found in our privacy policy.
Where you are entitled to a statutory right of withdrawal as a consumer, you will receive separate instructions about it.
11. Jurisdiction
This contract is governed by Spanish law.
To the extent legally permitted, the place of jurisdiction is Palma de Mallorca.
12. Severability
Should any provision of these Terms be invalid, the remaining provisions remain valid.
The invalid provision will be replaced by a statutory one that comes closest to its commercial purpose.
13. Amendments
Amendments and additions must be made in writing.
14. Consumer dispute resolution
We do not participate in dispute resolution proceedings before a consumer arbitration body, but we always strive to find solutions amicably.
