General Terms and Conditions

 MvR Int. Business Consultants

Off-market properties in Spain and Portugal

MvR Int. Business Consultants provides its consulting services to its contractual partners exclusively based on these terms and conditions. They shall also apply - insofar as the customer is a registered trader - to all future business relationships without being expressly agreed again. Any counter-confirmation by the customer with reference to his terms and conditions is hereby rejected. Our employees / consultants are not authorised to make verbal collateral agreements or give verbal assurances that go beyond the content of the respective contract, including these terms and conditions.
1. Offers
Our offers are based on the information provided by us. The offers are made to the best of our knowledge and belief. They are subject to change and non-binding. We reserve the right to make errors, intermediate letting/sales.
2. Disclosure of information and documents
Our offers and communications are only intended for the recipient himself, are to be treated confidentially, and may not be made accessible to third parties. If a contract is concluded with these third parties because of unauthorised disclosure, this shall also lead to a claim for commission in the full amount on our part.
3. Prior knowledge
If you are already aware of the opportunity for the conclusion of a contract proven by us, you are obliged to notify us of this in writing without delay, at the latest within 3 days. Otherwise, a commission is to be paid to us in any case upon conclusion of a contract for the proven property.
4. Accrual of the commission claim
Our entitlement to commission arises as soon as a contract is concluded regarding the property named by us based on our evidence or our brokerage, whereby contributory causation is also sufficient. If the contract is concluded on terms other than those originally offered or if it is concluded for another property of the contractual partner, we have provided evidence of, this shall not affect our entitlement to commission. This shall apply if the transaction concluded is economically identical or differs only insignificantly in its economic success from the transaction offered. The same shall apply if a contract other than the one originally intended is concluded (e.g. purchase instead of rent and vice versa, heritable building right instead of purchase, exchange instead of purchase, as well as in the case of acquisition by way of forced sale).
Our entitlement to commission shall also remain in force if the concluded contract expires due to the fulfilment of a condition subsequent. The same applies if the contract expires due to the exercise of a statutory or contractual right of cancellation, provided that the right of cancellation is exercised for reasons for which one of the parties is responsible or for other reasons relating to the person of one of the parties.
5. Follow-up business
We shall also be entitled to commission if further contractual agreements are concluded in temporal and economic connection with the first contract brokered or proven by us, which are based on the contract concluded between us.
6. Maturity of the commission claim
Our commission claim is due upon conclusion of the preliminary contract or, if this is cancelled, upon conclusion of the contract. The commission is payable within 10 days of invoicing without any deductions.
If the contract is concluded without our participation, you are obliged to provide us immediately with information on the essential content of the contract to calculate the commission claim.
7. Commission rates
The commission rates listed below are agreed between you and us upon conclusion of the contract and are payable by you in the event of success.
In principle, the commission rates from 7.2. below apply. The commission rates under 7.1. only apply to the sale of single-family houses and condominiums.
In the case of purchase and sale, the commission payable is based on the notarised total purchase price and all associated ancillary services.
7.1 Special regulation for private detached houses & condominiums
For property purchases and sales, the buyer of single-family houses and flats pays 5% plus VAT. brokerage fee. The seller pays the same commission.
7.2 Purchase
For purchases and sales, the commission payable by the buyer and seller is based on the notarised total purchase price.
5.0 % purchase price up to   € 5 million
4.5 % Purchase price up to € 10 million
4.0 % Purchase price up to € 15 million
3.5 % Purchase price up to € 20 million
3.0 % Purchase price up to € 30 million
2.5 % Purchase price up to € 50 million
2.0 % Purchase price from  € 50 million
7.3 Leasehold
In the case of the creation or transfer of leaseholds, 3% of the ground rent payable over the entire term of the contract, payable by the leaseholder.
7.4 Transfer of company rights
In the case of the transfer of company rights, calculated from the contractual value (see scale under point 7.2 Purchase) of the purchaser. The contractual value within the meaning of this provision is the respective property value.
7.5 Letting and leasing
In the case of rental agreements, 1.0 net monthly rent from the landlord, irrespective of the term.
The commission rates stated above are exclusive of statutory VAT.
8. Acting for third parties
We are also authorised to act for the other party to the contract, whether for a fee or free of charge.
9. Exclusion of liability
The information provided by us is based on information and communications from third parties, from the property owners. We accept no liability for the accuracy and completeness of this information. In any case, we shall only be liable in cases of intent and gross negligence. Any claims for damages shall become time-barred within 3 years of the claim arising, but no later than 3 years after the brokerage contract has been completed.
10. Place of fulfilment and jurisdiction
The place of fulfilment and jurisdiction is Málaga.
11. Severability clause
Should individually provision of our General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Any invalid or void provisions shall be replaced by the statutory provisions.