This is a translation provided for information purposes. In the event of any discrepancy, the Spanish version prevails.
Contents
- Scope and who Llavely is
- Information before contracting (consumers)
- Sellers: the exclusive sale mandate
- What the Llavely Sale includes and what it does not
- Fees and when they are payable
- Buyers
- Viewings
- Offers, 1% deposit and 5-day reservation
- Arras (deposit contract) and the notary
- Prevention of money laundering
- Mortgage intermediary
- Full inheritance + sale
- Collaborating lawyers and conflicts of interest
- Liability
- Complaints, claims, dispute resolution and governing law
Annex I. Exclusive sale mandate form
Annex II. Buyer terms to be accepted before the first viewing
1. Scope and who Llavely is
1.1. Who we are. Llavely is a brand of Amerevo, S.L., NIF (tax identification number) B24879066, with registered office at Monte Esquinza, 9, 28010 Madrid, entered in the Registro Mercantil de Madrid (Madrid Companies Register), section 8, sheet M-871582, entry 1. Email: legal@llavely.com.
1.2. What we do. We are a real estate agency with specialised lawyers, with more than 35 years' experience in the sector. We act as a real estate agent (agente inmobiliario) in the sale and purchase of properties located in the Comunidad de Madrid (Madrid region): homes, commercial premises, offices, garages, storage rooms, industrial buildings and land.
1.3. What these terms govern. How we work with those who sell (the Llavely Sale), with those who buy and with those who inherit and wish to sell (Full inheritance + sale). They do not govern lettings, which remain in pre-registration and will have their own terms.
1.4. What we are not. Llavely does not buy or sell properties on its own account and is not a party to the arras (deposit contract) or to the deed of sale: they are signed by the seller and the buyer. Llavely is not a law firm: the legal work is carried out by collaborating lawyers, who are members of a Bar Association, under their own professional responsibility (section 13).
1.5. Which documents apply. These terms supplement the General Terms of Use. In the event of any conflict, what you have signed (the sale mandate form, Annex I, or the inheritance quote) applies first, then these terms and, lastly, the general terms. Your personal data is processed as explained in the Privacy Policy.
1.6. Requests made through the website. Requesting a Free valuation or an inheritance quote only serves for us to call you. It does not commit you to anything, nor does it commit us: the service begins when you sign the mandate form or accept the quote.
1.7. Details as a real estate agent.
| Item | Information |
|---|---|
| Holder | Amerevo, S.L. (Llavely) · NIF B24879066 |
| Registered office | Monte Esquinza, 9, 28010 Madrid |
| Registro de Agentes Inmobiliarios de la Comunidad de Madrid (Register of Real Estate Agents of the Madrid Region) | [Registration no., once it exists] |
| Professional civil liability insurance | [Insurer, policy no. and cover] |
| Guarantee for the amounts we receive (1% deposit) | [Provider and type of guarantee, if taken out] |
2. Information before contracting (consumers)
2.1. Before you sign, we give you the following information clearly (Articles 60 and 97 of the consolidated text of the Ley General para la Defensa de los Consumidores y Usuarios (Spanish General Law for the Protection of Consumers and Users, TRLGDCU), and Ley 11/1998 de Protección de los Consumidores de la Comunidad de Madrid (Madrid Region Consumer Protection Law 11/1998)):
| If you sell (Llavely Sale) | If you buy | If you inherit and sell | |
|---|---|---|---|
| What you are contracting | For us to sell your property, with lawyers, from valuation to the notary (section 4) | To receive invitations to properties, view them and make offers | For the lawyers to handle the inheritance and, afterwards, the Llavely Sale |
| Price | 2.5% + VAT of the final sale price, all-inclusive. No minimum | Free: no commission or administration fees | Inheritance: a fixed quote that we give you in writing. Sale: 2.5% + VAT |
| When it is paid | Only if you sell, on the day of signing at the notary. Nothing in advance | Never | Inheritance: as set out in the quote. Sale: at the notary |
| Duration | 12 months, exclusive (section 3) | For as long as you have an account | Until the inheritance is completed and, afterwards, as for the Llavely Sale |
| What is not included | Energy performance certificate, and taxes and costs that are yours by law (section 4.3) | Taxes and costs of your purchase | Taxes, notary and Land Registry costs of the inheritance (section 12) |
| Withdrawal | 14 calendar days (section 2.3) | You can delete your account whenever you wish | 14 calendar days (section 2.3) |
| Complaints | legal@llavely.com and as set out in section 15 | Same | Same |
2.2. Fee example. If you sell for €300,000: 2.5% = €7,500 + €1,575 VAT (21%) = €9,075, which you pay on the day of signing at the notary. If you do not sell, €0.
2.3. Right of withdrawal. If you are a consumer and you sign the sale mandate or the inheritance quote at a distance (for example, by electronic signature) or away from our office (for example, at your home, after the valuation), you may withdraw within 14 calendar days of signing, without giving any reason and at no cost (Articles 102 et seq. TRLGDCU).
2.4. If you asked us to start earlier. If, during those 14 days, you ask us in writing to start (for example, to take the photos or show the property) and you then withdraw, under the Llavely Sale we will not charge you anything, because we only charge if you sell. For the inheritance, you would pay only the proportionate part of the work done up to the time you notify us, in accordance with the breakdown in the quote.
2.5. How to withdraw. Write to us at legal@llavely.com or at Monte Esquinza, 9, 28010 Madrid before the 14 days have ended. You may use this model, although it is not compulsory:
For the attention of Amerevo, S.L. (Llavely), Monte Esquinza, 9, 28010 Madrid, legal@llavely.com: I hereby give notice that I withdraw from my contract for [sale mandate / inheritance quote] signed on [date]. Name: [ ]. Address: [ ]. Signature (only if sent on paper). Date: [ ].
We will confirm by email that we have received it. If you had left keys or documents with us, we will return them to you.
3. Sellers: the exclusive sale mandate
3.1. How it starts. After the Free valuation (we call you, see the property and give you a price), if it suits you, we sign the exclusive sale mandate form (Annex I). It must be signed by all the owners of the property, or by whoever holds a power of attorney to do so. Beforehand, we verify your identity and that the property is yours (nota simple – land registry extract – or the deed from when you bought the property).
3.2. What "exclusive" means. For as long as the mandate lasts, only Llavely handles the sale of the property. You undertake:
- not to instruct other agencies or other intermediaries to sell it;
- not to publish advertisements for the property yourself;
- to pass on to us any interested party who approaches you, so that we can deal with them.
3.3. If a buyer comes to you directly. If, during the mandate, you yourself find, without advertisements or intermediaries, a buyer who has not learned of the property through Llavely (for example, a relative or a neighbour), let us know. [Proposal: in that case you do not owe us the commission, although the transaction may be carried out with our lawyers and our support if you so wish, on the terms of this mandate.]
3.4. If you breach the exclusivity. If, during the mandate, you sell the property through another agency or intermediary, or through your own advertisement, you will owe us [an amount equal to the fee of 2.5% + VAT of the price of that sale, by way of compensation / the costs we have incurred, duly evidenced], unless you prove that the breach has caused us no loss.
3.5. Duration: 12 months. The mandate lasts 12 months from the date you sign it. When it ends, it does not renew automatically: we will propose renewing it and it will only continue if you accept in writing [alternative: tacit monthly extensions that you can stop at any time at no cost].
3.6. Early termination. You may terminate the mandate before the 12 months have elapsed:
- at any time, if we materially fail to do what we have undertaken to do (section 3.9), for example if we carry out no viewings and do not keep you informed for [30] consecutive days without good reason; and
- without having to give reasons, from the [third] month onwards, by giving us [15] days' written notice.
In both cases you pay nothing for terminating, except as provided in section 5.5 (subsequent sale to a buyer who learned of the property through Llavely).
3.7. When we may terminate it. If you give us false information about the property, if we are unable to comply with anti-money laundering law (section 10) or if the property cannot lawfully be sold (for example, because of a charge or a planning situation that prevents it). We will tell you so in writing.
3.8. What we ask of you.
- True and complete information about the property: floor area, condition, charges, mortgages, occupancy, outstanding IBI (property tax) and owners' association debts, special levies, planning status, the Inspección Técnica del Edificio (Building Technical Inspection) if there is one, and any significant circumstance. This is the information that the law requires to be given to the buyer (Real Decreto 515/1989 (Spanish Royal Decree 515/1989 on consumer information in the sale and letting of homes) and Article 31 of Ley 12/2023 (Spanish Law 12/2023 on the Right to Housing), insofar as it applies to your property).
- The energy performance certificate before we start showing the property, where it is mandatory (Real Decreto 390/2021, Spanish Royal Decree 390/2021 on energy performance certification of buildings).
- Facilitating viewings: leaving us a copy of the keys or agreeing how we will gain access (section 7.5).
- Informing us of any change (price, occupancy, works, charges) and of any interested party who approaches you.
- Cooperating with anti-money laundering checks (section 10).
3.9. What we do. Provide you with everything included in the Llavely Sale (section 4) with loyalty and diligence; pass on to you all offers in writing; keep you informed of how the sale is progressing (portal and weekly summary); not share with buyers anything you tell us in confidence (for example, the minimum price you would accept) without your permission; and inform you of any conflict of interest.
3.10. How we make your property known. We do not publish your property openly on llavely.com: we show it to the buyers we invite because it matches what they are looking for. In addition, we may promote it through the channels we consider appropriate in order to find a buyer, [without publishing the exact address]. We only give the exact address to the buyer once their viewing is confirmed.
4. What the Llavely Sale includes and what it does not
4.1. A single, all-inclusive service. The Llavely Sale costs 2.5% + VAT of the final sale price and includes everything. We do it all, from valuation to the notary.
4.2. What it includes:
| Valuation and price | Your price compared with the market, using real sales in the area. It is an estimate by our team, not an official appraisal |
| Specialised lawyers, from start to finish | Review of the nota simple, the charges and the debts on the property; arras contract drafted by the lawyers, and special clauses drafted whenever you need them; calculation of the applicable taxes and the costs of the sale before you decide; review of the deed before signing; in-person accompaniment at the notary on the day of signing; questions answered throughout the process |
| Photos, video and floor plan | Professional photos, video and floor plan of the property |
| Virtual tour | Walk-through of the floor plan with 360° photos of each room |
| Screened buyers | We speak to every buyer and check their DNI or NIE (Spanish identity document or foreigner's identity number) before showing them the property |
| Viewings | We carry them out: you do not need to be present |
| Your private portal | You log in with a personal link that we send you by email, without a password. You can see each viewing with our opinion, the offers (you accept or reject them from there), the documents for the transaction, and you receive a weekly summary |
| Security until signing | Prevention of money laundering, traceable payments by bank transfer (standard or OMF, the urgent transfer banks use for property sales) and coordination with the notary |
4.3. What it does not include (you pay for these separately, to whoever is entitled, not to Llavely):
- the energy performance certificate: you provide it;
- the taxes on the sale that are yours by law (we calculate them, but you pay them);
- the notary and Land Registry costs that are yours by law or under what you agree with the buyer (for example, the original deed of sale, Article 1455 of the Código Civil (Spanish Civil Code));
- the cancellation of your mortgage or other charges, and its registration in the Land Registry;
- any outstanding debts on the property (IBI, owners' association, special levies) and certificates charged for by a third party (for example, the owners' association administrator).
4.4. No hidden costs. Llavely will not charge you anything beyond the 2.5% + VAT: not in advance, not for publishing, not for the photos or the tour, and not if you do not sell.
4.5. Photos, video, floor plan and tour. We produce them ourselves (or through a photographer we hire) and they belong to Llavely. We use them only to sell your property. Before the session, we will ask you to remove personal items (family photos, documents…); we do not photograph people. When the mandate ends, we stop using them and delete them within a maximum of 3 months.
5. Fees and when they are payable
5.1. Amount. 2.5% + VAT of the final sale price stated in the public deed (excluding taxes and costs). No minimum.
5.2. Only if you sell. The fees are only owed if the public deed of sale is signed with a buyer who learned of the property through Llavely, or during the exclusivity period in the cases referred to in section 3.4. Signing the arras does not yet give rise to the fees.
5.3. When and how they are paid. On the day of signing at the notary, by bank transfer (standard or OMF), against our invoice. If you prefer, you may give instructions for them to be paid out of the price you receive at that time. They are never paid in cash.
5.4. If the sale is not completed. If the deed is not signed, you owe us nothing, except in the following case: if, after the arras have been signed, the sale is not completed because you withdraw or are in breach (for example, by returning double the arras in order to sell to someone else), you will owe us [the fees of 2.5% + VAT calculated on the price agreed in the arras / a lower amount that we will set in the mandate form].
5.5. Sale to a Llavely buyer, even if outside Llavely. You owe us the fees if, during the mandate or in the 12 months following its end, you sell the property to a buyer who learned of it through Llavely (because we invited them, they viewed it with us or they came via one of our advertisements), even if the sale is made without Llavely. This includes the purchase being made by another person or company on the buyer's behalf or in agreement with them in order to avoid payment.
5.6. List of buyers. So that you always know to whom section 5.5 applies, you can see in your portal the buyers who have learned of the property through Llavely and, when the mandate ends, we send you the list in writing. Only those on that list count.
6. Buyers
6.1. Free. Buying with Llavely is free: you pay no commission or administration fees to Llavely. The taxes and costs of your purchase (for example, the Impuesto de Transmisiones Patrimoniales (property transfer tax) or VAT, and the notary and Land Registry costs that are yours) are paid by you, as provided by law or as you agree.
6.2. Your profile. You create your buyer account free of charge and tell us what you are looking for: areas, budget, type of property and how you would pay for it (mortgage, savings…). We do not ask you for documents relating to your financing.
6.3. Invitations. There are no public listings to search: we invite you. We write to you about the property you enquired about and, if you agree to it in your account ("receive other homes" checkbox), about others that match your profile. You may withdraw that permission whenever you wish.
6.4. Before your first viewing you must accept these terms by ticking a box in your account (Annex II). The box is not pre-ticked and we keep a record of the date and the version you accept. If they change, we will ask you to accept the new version before your next viewing or offer.
6.5. DNI or NIE check. Before your first viewing we check your DNI or NIE, for the security of the seller and their home. We keep [only a record that we have checked it (name, document number and type, date and result) / a copy of the document].
6.6. What the seller knows about you. Your name, the date of your viewing, our opinion of the viewing and your offers (with how you intend to pay). We never show them your DNI, your bank details or the documents relating to the source of your funds.
6.7. What we ask of you. True information; using the photos, the tour, the address and the property details only for your possible purchase, without sharing them; and not attempting to complete the purchase behind Llavely's back.
6.8. Your account. You may delete it whenever you wish, at no cost. We will keep whatever the law requires us to retain, as explained in the Privacy Policy.
7. Viewings
7.1. Always with Llavely. All viewings are conducted by a member of Llavely's staff. The seller does not need to be present.
7.2. Address. We give you the exact address once the viewing is confirmed.
7.3. When viewing. Bring your DNI or NIE. If someone is coming with you, tell us beforehand how many people will attend [maximum of [2] companions]. Do not take photos or videos without permission, and respect the home and its contents. You are liable for any damage you cause.
7.4. If you cannot attend. Let us know as soon as possible and, if you can, [24] hours in advance. If you fail to attend several times without notice, we may stop arranging viewings for you.
7.5. Seller's keys. We keep the copy of the keys identified by a code, without the address, in a locked place, and return it to you when the mandate ends. We notify you of each viewing in your portal.
7.6. Our opinion of the viewing. After each viewing, we tell the seller how it went in their portal. We confine ourselves to the viewing and the property (interest shown, questions, strengths and weaknesses), using objective information, without judgements about the person.
8. Offers, 1% deposit and 5-day reservation
8.1. In writing, from your account. Offers are made in writing from your buyer account, stating the price, how you would pay it and your conditions. We pass them on to the seller, who sees them in their portal. You may choose between:
- Offer without a deposit. It does not reserve the property: the seller may receive and accept other offers.
- Offer with a 1% deposit. You transfer 1% of the price you are offering and the property is reserved for you for 5 days.
8.2. How the deposit is paid. Only by bank transfer (standard or OMF) from an account in your name, to a separate Llavely account that we use solely for these deposits. We give you the details when you make the offer. Beforehand, we will carry out the checks referred to in section 10. If it arrives from an account that is not yours, we will return it to you and the offer will count as an offer without a deposit.
8.3. What the reservation means. For 5 calendar days from when the money reaches our account (we notify you at that point of the day and time at which they end), we do not present other offers to the seller. Any that arrive are kept in order and presented to the seller if your offer does not go ahead. There can only be one reservation with a deposit at a time. The deposit does not earn interest and we return it to you without any deduction.
8.4. What happens to your deposit in each case:
| What happens | What happens to your deposit |
|---|---|
| The seller accepts your offer within the 5 days | It counts as part of the arras: we hand it over to the seller on the day they are signed and deduct it from what you have to pay |
| The seller rejects your offer | We return it in full within a maximum of [X] business days, to the same account from which you sent it |
| The seller does not respond within 5 days | We return it in full, just as if they had rejected it |
| The seller makes a counter-offer | It counts as a rejection. If you accept it within the 5 days, the deposit remains and counts towards the arras; if not, we return it to you in full |
| You withdraw your offer within the 5 days, before the seller accepts it | We return it in full |
| You withdraw your offer after the seller has accepted it, without good reason | [Proposal: it is handed over to the seller as compensation for having taken the property off the market] |
| The arras are not signed for a reason that does not depend on you (the seller backs out, a charge or a problem appears that you had not been told about…) | We return it in full |
8.5. Acceptance of an offer is not yet the sale. The seller's acceptance of your offer means that you are in agreement to prepare the arras. The sale and purchase is not concluded until the arras contract is signed (section 9), which we will aim to have signed within a maximum of [10] days of acceptance.
8.6. What the seller sees. The amount, how you intend to pay, your conditions and whether it comes with or without a deposit.
9. Arras (deposit contract) and the notary
9.1. The arras contract. After acceptance, the collaborating lawyers draft the arras contract and explain it to both parties. Unless otherwise agreed, they are arras penitenciales (withdrawal deposit) (Article 1454 of the Civil Code): if the buyer withdraws, they forfeit what they have paid; if the seller withdraws, they return double the amount.
9.2. Amount. The amount of the arras is negotiated between seller and buyer; it is usually around 10% of the price. If there was a 1% deposit, it counts as part of it.
9.3. Payments. The remainder of the arras and the price are paid by bank transfer (standard or OMF) or banker's draft, never in cash (the law prohibits cash payments of €1,000 or more where a professional is involved, Article 7 of Ley 7/2012 (Spanish Law 7/2012 on the prevention of tax fraud)).
9.4. Notary. The buyer has the right to choose the notary. We coordinate the appointment, the documentation and communication with the notary's office, and the lawyers accompany the seller in person on the day of signing.
9.5. Mortgage. If the buyer needs a mortgage, it is important that they say so in their offer and that the arras take it into account (time limits and what happens if it is not granted).
10. Prevention of money laundering
10.1. Why we ask you for information. As a real estate agent, Llavely is bound by Ley 10/2010 (Spanish Law 10/2010 on the prevention of money laundering and terrorist financing) and its Regulation (Real Decreto 304/2014, Spanish Royal Decree 304/2014).
10.2. What we do:
- we identify sellers and buyers with an official document and, if they act through a company, its beneficial owner;
- before the reservation with a deposit or the arras, we ask the buyer to explain and provide evidence of the source of funds and, where applicable, their professional activity;
- we check whether anyone is a politically exposed person and consult international sanctions lists;
- all payments, including the 1% deposit, are made by bank transfer (standard or OMF), so that they can be traced;
- we keep this documentation for 10 years.
10.3. If we cannot do so. If you do not give us the information or we detect signs of money laundering, we will not be able to proceed with the transaction (Article 7.3 Ley 10/2010). If there is a deposit, we will return it to the originating account, unless the law or an authority prevents us from doing so.
10.4. Reports to the authorities. If we detect signs of money laundering, the law requires us to report it to SEPBLAC (the Spanish Financial Intelligence Unit) and prohibits us from telling you.
11. Mortgage intermediary
11.1. Only if you ask. If you need a mortgage and you ask us, we put you in touch with an independent mortgage intermediary, registered in the appropriate register under Ley 5/2019 (Spanish Law 5/2019 regulating real estate credit agreements): [name, NIF and registration no., once the agreement is signed].
11.2. What we do and what we do not do. Llavely only makes the introduction, with your permission. It does not offer you loans, does not advise you on them and does not process the mortgage: all of that is done by the intermediary, who is responsible for their own service.
11.3. Cost. Being put in touch costs you nothing. If the intermediary charges for their services, they must inform you themselves, in writing, before you contract. If Llavely receives any remuneration from the intermediary for introducing you, we will tell you beforehand, in writing, stating the amount.
11.4. Freedom of choice. You may go to any bank or intermediary. Using ours is not a condition for viewing, making an offer or buying.
12. Full inheritance + sale
12.1. What it is. If you inherit a property and wish to sell it, the collaborating lawyers handle the entire inheritance and, afterwards, we sell the property under the Llavely Sale.
12.2. What the inheritance service includes:
- the will or, if there is none, the declaration of heirs;
- the acceptance and division of the estate before a notary;
- calculating and filing the applicable taxes on the inheritance;
- registration of the property in your names at the Registro de la Propiedad (Land Registry).
12.3. Fixed quote. First we call you to learn about the case and then we give you a fixed quote in writing, setting out what it includes and what it does not. Requesting it does not commit you to anything. It does not include taxes or notary and Land Registry costs, which the heirs pay to whoever is entitled.
12.4. Payment. The inheritance quote is paid [on acceptance / in stages / on completion of the inheritance / on the day of the sale at the notary], as stated in the quote.
12.5. The sale. Once the inheritance has been completed, the sale is carried out under the Llavely Sale (2.5% + VAT, only if the property is sold) and the sale mandate form in Annex I, which must be signed by all the heirs who are owners.
12.6. Who does what. Llavely is not a law firm: the legal work on the inheritance is carried out by the collaborating lawyers, under their professional responsibility (section 13). Llavely coordinates the service and handles the sale.
13. Collaborating lawyers and conflicts of interest
13.1. Who they are. The legal services of the Llavely Sale and of inheritances are provided by specialised lawyers who collaborate with Llavely: lawyers who are members of a Bar Association, acting independently, under their own professional responsibility, with their own civil liability insurance and bound by professional secrecy.
13.2. Whom they work for. In the Llavely Sale, the lawyers act on the instructions of Llavely and the seller, for the transaction. The cost is included in the seller's 2.5% + VAT.
13.3. What they do with the buyer. They explain to the buyer, free of charge, the documents, the time limits and each step of the transaction (arras, deed, costs), seeking an agreement that is good for both parties. However, they are not the buyer's lawyers: they do not defend the buyer against the seller. The buyer may have their own lawyer whenever they wish, at their own expense, and we recommend doing so if they have any doubts.
13.4. If there is a conflict. If at any point the interests of the seller and the buyer clash in such a way that the lawyers can no longer explain the transaction objectively to both, they will tell both parties and the buyer must consult their own lawyer.
13.5. Confidentiality. The lawyers and Llavely do not share with one party what the other has told them in confidence (for example, the buyer's maximum price or the seller's minimum price) without their permission.
14. Liability
14.1. What we are liable for. We are liable for providing the services you contract with due diligence, in accordance with these terms, with what you have signed and with the law.
14.2. What we are not liable for:
- that the property will be sold, or that it will be sold at a particular price;
- the accuracy of the information the seller gives us, even if we review it, or the condition of the property or its latent defects, for which the seller is liable under the Civil Code;
- the buyer's solvency or whether they are granted a mortgage: we check their identity, but not their financing;
- the parties' performance of the arras or signing of the deed;
- the acts of the notary, the Land Registry, the bank or the mortgage intermediary, who are responsible for their own services;
- the legal advice of the collaborating lawyers, for which they are responsible (section 13), without prejudice to our liability for coordinating the service.
14.3. Valuation. The Free valuation is an estimate of the market price made by our team, not an official appraisal.
14.4. Limits that do not apply. Nothing in the foregoing limits our liability where the law does not permit it, in particular towards consumers, or in cases of wilful misconduct or gross negligence.
15. Complaints, claims, dispute resolution and governing law
15.1. Write to us first. Send your complaint or claim to legal@llavely.com or to Monte Esquinza, 9, 28010 Madrid. We will confirm that we have received it and reply as soon as possible and, at the latest, within one month.
15.2. Official complaint forms. If you are a consumer, official hojas de reclamaciones (complaint forms) of the Comunidad de Madrid are available to you; ask us for them and we will provide them.
15.3. Consumer arbitration. If you are a consumer, you may submit your claim to the Junta Arbitral de Consumo de la Comunidad de Madrid (Madrid Region Consumer Arbitration Board). Arbitration is voluntary for both parties: if at that time Llavely has not joined the Sistema Arbitral de Consumo (Consumer Arbitration System), we will tell you within [X] days whether we accept arbitration for your case.
15.4. Before going to court. Where the law requires an appropriate means of dispute resolution to be attempted first, your claim to legal@llavely.com may serve that purpose (Ley Orgánica 1/2025, Spanish Organic Law 1/2025 on the efficiency of the public justice service).
15.5. Law and courts. These terms are governed by Spanish law. If you are a consumer, the courts of your place of residence have jurisdiction. If you are acting as a business or professional, the courts of the city of Madrid have jurisdiction, unless a mandatory rule provides otherwise.
15.6. Changes. If we change these terms, we will publish the new version with its date. Changes do not affect mandates already signed without your agreement. We will ask buyers to accept the new version before their next viewing or offer.
Annex I. Exclusive sale mandate form
EXCLUSIVE SALE MANDATE FORM · LLAVELY SALE · NO. [reference]
The parties
On the one hand, Mr/Ms [full name], holder of DNI/NIE [ ], residing at [ ], telephone [ ] and email [ ], [and Mr/Ms [ ], holder of DNI/NIE [ ]], acting in their own name [or on behalf of [ ], by virtue of [ ]] (hereinafter, the Seller; if there are several, all of them jointly).
On the other hand, Amerevo, S.L. (brand Llavely), NIF B24879066, with registered office at Monte Esquinza, 9, 28010 Madrid, entered in the Registro Mercantil de Madrid, section 8, sheet M-871582, entry 1, [Registro de Agentes Inmobiliarios de la Comunidad de Madrid no. [ ]], represented by [name and position] (hereinafter, Llavely).
Agree
Property. The Seller instructs Llavely to sell the property located at [full address], of type [home / commercial premises / office / garage / storage room / industrial building / land], with cadastral reference [ ] and registered property no. [ ] of Land Registry no. [ ] of [ ] (the Property). Charges and mortgages known to the Seller: [ ]. Occupancy status: [vacant / occupied by [ ]].
Asking price. €[ ]. The Seller may change it at any time, in writing or from their portal.
Exclusivity. The mandate is exclusive: while it is in force, the Seller will not instruct other agencies or intermediaries to sell the Property or publish advertisements themselves, and will pass on to Llavely any interested party. If the Seller finds, on their own, without advertisements or intermediaries, a buyer who has not learned of the Property through Llavely, [no fees will accrue]. If the Seller sells through another agency or intermediary or through their own advertisement during the mandate, they must [ ] (section 3.4 of the Terms for Property Sales and Purchases).
Duration. 12 months from signing, from [date] to [date]. It does not renew automatically: renewal requires the Seller's written acceptance.
Early termination. The Seller may terminate the mandate at any time if Llavely materially breaches its obligations and, without needing to give a reason, from the [third] month onwards by giving [15] days' written notice, at no cost, except as provided in clause 9.
Services included (Llavely Sale, all-inclusive). Valuation and price compared with the market; specialised lawyers from start to finish (nota simple, charges and debts, arras contract and special clauses drafted whenever needed, calculation of the applicable taxes and the costs of the sale, review of the deed and in-person accompaniment at the notary); professional photos, video and floor plan; virtual tour; screened buyers with DNI or NIE checked; viewings conducted by Llavely; the Seller's private portal (access via a personal link sent by email) with each viewing and Llavely's opinion, the offers, the documents and a weekly summary; prevention of money laundering, traceable payments (standard or OMF bank transfer) and coordination with the notary.
Not included. The energy performance certificate, which the Seller provides; the taxes on the sale; the notary and Land Registry costs payable by the Seller; the cancellation of mortgages or charges; and any outstanding debts on the Property.
Fees. 2.5% + VAT of the sale price stated in the public deed, with no minimum. They accrue only if the deed is signed with a buyer who learned of the Property through Llavely (or in the case referred to in clause 3), and are paid on the day of signing at the notary, by bank transfer (standard or OMF), against invoice [or out of the price, on the Seller's instructions]. Nothing in advance. If the deed is not signed, nothing is owed, unless it is not signed because the Seller withdraws from or breaches the arras, in which case the Seller must [ ].
Llavely buyer after the mandate. The fees are owed if, during the mandate or in the 12 months following its end, the Seller sells the Property to a buyer who learned of it through Llavely (invitation, viewing or Llavely advertisement), or to another person or company on that buyer's behalf or in agreement with them, even if the sale is made without Llavely. When the mandate ends, Llavely will send the Seller the list in writing; only the buyers on that list count.
Keys. The Seller hands over to Llavely [no.] copy/copies of the keys [and the garage remote control / access code], which Llavely will keep without the address and return when the mandate ends.
Photos, video, floor plan and tour. These are produced by Llavely, which will use them only to sell the Property and will delete them within a maximum of 3 months after the end of the mandate. Llavely may promote the Property through the channels it considers appropriate in order to find a buyer.
Seller's obligations. To provide true and complete information about the Property, provide the energy certificate and any documentation requested, facilitate viewings, give notice of any change or interested party, and cooperate with anti-money laundering checks.
Llavely's obligations. To provide the services in clause 6 with loyalty and diligence, pass on all offers to the Seller in writing, keep the Seller informed of the progress of the sale, maintain confidentiality and inform the Seller of any conflict of interest.
Withdrawal. If the Seller is a consumer, they may withdraw from this mandate within 14 calendar days of signing it, without giving reasons and at no cost, by writing to legal@llavely.com or to Llavely's address. Together with this form, the Seller receives the information and the model withdrawal form (section 2 of the Terms for Property Sales and Purchases). ☐ The Seller expressly requests that Llavely begin providing the service before the 14 days have ended; if they subsequently withdraw, they will pay nothing.
Data protection. Llavely processes the Seller's data in order to provide this service and comply with its legal obligations (including the prevention of money laundering), as explained in its Privacy Policy. Rights: legal@llavely.com.
Applicable documents. This form is supplemented by Llavely's Terms for Property Sales and Purchases (version 1.0) and General Terms of Use, which the Seller declares to have received. In the event of any conflict, this form prevails.
Complaints, law and courts. legal@llavely.com; official complaint forms and consumer arbitration in accordance with section 15 of the Terms for Property Sales and Purchases. Spanish law. If the Seller is a consumer, the courts of their place of residence.
Signed [electronically / in [place]], on [date].
The Seller: [signature] · Llavely: [signature]
Annex II. Buyer terms to be accepted before the first viewing
Buyer Terms · version 1.0
Before your first viewing, please read this. It is a summary of the Terms for Property Sales and Purchases, which apply in full.
- Buying with Llavely is free. You pay no commission or administration fees to Llavely. The taxes and costs of your purchase (notary, Land Registry…) are paid by you, as provided by law or as you agree.
- We invite you. We write to you about the property you enquired about and, if you agree to it in your account, about others that match what you are looking for.
- What we show you is for you alone. The photos, the virtual tour and the address are for your possible purchase: do not share them or use them for anything else.
- We check your DNI or NIE before your first viewing, for the security of the seller and their home.
- All viewings are conducted by a member of Llavely's staff. We give you the exact address once the viewing is confirmed. If you cannot attend, let us know as soon as possible.
- After each viewing we tell the seller how it went. We never show them your DNI, your bank details or your documents.
- Offers are made in writing from your account, without a deposit or with a deposit of 1% of the price you are offering, always by bank transfer (standard or OMF) from an account in your name.
- The deposit reserves the property for 5 days from when we receive it: during that time we do not present other offers to the seller. If the seller accepts, it counts as part of the arras. If the seller rejects your offer or does not respond, or if you withdraw your offer before the seller accepts it, we return the deposit to you in full, to the same account, within [X] business days. If you withdraw it after the seller has accepted it, the deposit is handed over to the seller.
- The seller's acceptance of your offer is not yet the purchase. An arras contract is then signed, drafted by the lawyers. Its amount is negotiated between you (usually around 10%).
- Before the reservation or the arras, we will ask you to provide evidence of the source of the money, as required by anti-money laundering law.
- The lawyers on the transaction work on the instructions of Llavely and the seller. They explain each document and each step to you free of charge, but they are not your lawyers: you may have your own whenever you wish.
- If you need a mortgage, and you ask us, we put you in touch with an independent mortgage intermediary. The choice is yours.
☐ I have read and accept the Buyer Terms and the Terms for Property Sales and Purchases (version 1.0).