Pre-contractual information in the management, exploitation and sale of real estate services
A. Identification Data
“GRUPO BENNECKE” or “BENNECKE” is a business group dedicated to the provision of real estate services and activities, being the owner of the domain http://www.bennecke.com, as well as this web form.
In compliance with article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the identifying data of the companies that are part of the BENNECKE GROUP are set out below:
Company Name: “BENNECKE RENT, S.L.”
- NIF: B-54860093
- Registered Office: Calle Cala Dorada, 1 – Torrevieja – Alicante
- Email address: cont@bennecke.com
- Contact telephone number: 965 71 43 62
- Registration data: Alicante Commercial Registry. Volume 3867 Folio 46 Page A-145451 Inscription 1st
Company Name: “BENNECKE REAL ESTATE, S.L.”
- NIF: B-42659227
- Registered Office: Calle Cala Dorada, 1 – Torrevieja – Alicante
- Email address: cont@bennecke.com
- Contact telephone number: 965 71 43 62
- Registration data: Alicante Commercial Registry. Volume 4230 Folio 157 Page a-166026 Inscription 1
Company Name: “BENNECKE INTERCONTINENTAL, S.L.”
- NIF: B-54243399
- Registered Office: Calle Cala Dorada, 1 – Torrevieja – Alicante
- Email address: cont@bennecke.com
- Contact telephone number: 965 71 43 62
- Registration data: Alicante Commercial Registry. Volume 3193 Folio 34 Page a-106989 Inscription 1.
“USERS”: “User” will be considered the person who accesses, uses and, where appropriate, accepts this form, which includes pre-contractual information on the management, exploitation, leasing and sale of housing services provided by any of the companies. BENNECKE entities.
Once the contractual relationship with BENNECKE begins, it is understood that the User has accepted all of the terms and conditions expressed in this web form and, therefore, will be considered a “Client”.
B. Property management and operation services
The Client will prove that he is the owner of the property that is the subject of the contract, or, where applicable, that he has a valid right over it that allows him to dispose of it. In the event that the Client is a co-owner of the property in question, he is obliged to obtain the authorization of the rest of the owners to formalize his commitment. For these purposes, the Client will hold BENNECKE totally and completely harmless from any responsibilities that may arise from the failure to obtain said authorization by other co-owners of the property.
BENNECKE’s services focus on carrying out the commercial promotion of the property that is the subject of each contract. This promotion will be carried out among potential buyers recruited by BENNECKE or its collaborators, uploading the material of the home in question to the BENNECKE website and the portals with which it collaborates or through any other actions that are necessary for the specific case. BENNECKE will carry out whatever promotional actions are necessary to achieve the sale of the property that is the subject of the contract, specifically:
- It will act as an intermediary for buyer and seller.
- It will publish the property on its website, social networks and on the main web portals, among which Idealista, Fotocasa, Habitaclia, (..) stand out. In short, it will carry out a complete digital campaign.
- He will make a professional photographic report of the property.
- It will select potential buyers interested in the property and provide the necessary means for them to make at least one in-person visit to the property.
- Will draft the necessary documentation to formalize the purchase and sale operation.
- It will carry out monthly monitoring of the digital and commercial activity of the property.
The costs and expenses arising from the promotion of the property in the above terms will be borne by BENNECKE.
The client will indicate the sale price of the property. In the event that it is decided to modify this price, an annex will be attached to the contract that stipulates the new price, and it must be signed by both parties involved.
BENNECKE will receive a commission for the services provided to the Client, which will be calculated based on the sale price of the home, agreed for this purpose with the Client. The final percentage and the form of payment of the commission will be the one agreed upon in the appropriate real estate commission contract, which may be carried out remotely, complying with the conditions of Chapter I of Title III of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users.
Unless otherwise indicated, the commission will not include taxes that may be applicable, especially VAT.
The commission may be paid by any means of payment accepted under Spanish Law.
The execution of the housing management services will begin at the time of signing the real estate commission contract with the Client.
The contract may be formalized in any of the following languages: Spanish, Russian, or English. If the document is written in bilingual format, the Spanish version will prevail for all purposes, unless expressly specified otherwise.
The Client will have the right of withdrawal at any time prior to the start of the execution of the services. Once the execution of the service has begun, the Client will have lost his right to withdraw from contracting the services until the period established in the appropriate real estate commission contract has elapsed, and must, where appropriate, pay the penalty described in the next section.
In the event that, once the services have begun, the sale cannot be formalized for reasons attributable to the Client, the Client will be obliged to return to the buyer double the amounts received as a deposit, and will also be obliged to pay BENNECKE 60% of the commission that had been agreed in the contract.
The duration of the eventual real estate commission contract will be stipulated in said contract. Unless otherwise specified, the duration period will begin to count from the date of acceptance thereof, and will be tacitly extendable for periods of equal duration, if neither party announces to the other in writing, and with a minimum of 10 business days, prior to its completion, your intention to terminate it.
C. Real estate purchase and sale services
To reserve a property, the Client must deposit as penitential deposit the amount indicated by BENNECKE based on the price of the property in the deposit contract.
The amount must be deposited in the bank account designated by BENNECKE for this purpose.
The amount deposited as penitential deposits will have the consideration established in article 1454 of the Civil Code. Likewise, this amount will be deducted from the final sale price of the property once the purchase and sale contract is concluded.
If the purchasing Client does not comply with; (i) any of the payment obligations assumed between the parties; (ii) those established under the deposit or reservation contract or, (iii) for any reason, you desist from formalizing the sale, the provisions and effects provided for in article 1454 of the Civil Code will apply and, therefore, they will be lost. the amounts deposited as penitential deposits, BENNECKE being entitled to retain them in full for subsequent deposit into the account of the seller of the home.
Likewise, if the seller Client does not comply with; (i) any of the obligations assumed between the parties; (ii) those established under the deposit or reservation contract or, (iii) for any reason, he or she desists from formalizing the sale, for any reason, must pay the buyer of the home, in accordance with the provisions of article 1454 of the Civil Code, double the amounts received as deposit and for other concepts.
