These general conditions apply to all services provided by INJURAD and are supplementary to any specific agreement entered into between INJURAD and the Client (Particular Conditions), which will take precedence incase of any inconsistencies between them. In this document: (i) “INJURAD” means INJURAD, S.L., a limited company situated at C/ Teniente Jose Ollero, nº 4, in the town of Porcuna, Jaén and with CIF number B72417470; (ii) “Client” is the recipient of the service and (iii) “Services” are the services identified in this document.

I. OBJECT OF THE CONTRACT AND SERVICE INFORMATION

Service information.

INJURAD is a company that is dedicated to providing intermediary services between the client and professionals, as well as offering a series of products whose technical part is entrusted to external professionals with the necessary skills.

INJURAD maintains collaborative relationships with independent professionals, architects and lawyers, who have the skills needed to do the technical work. INJURAD has a process for selecting and working with these professionals, which include verifying they are competent, follow a code of ethics, independent and don’t have any conflict of interest. Likewise, INJURAD establishes a quality code, together with its controls, for the issuance of reports. The controls prioritize adherence to the protocols, guidelines for completion and formatting standards. Likewise, INJURAD conducts random inspections on a minimum of 10% of the projects submitted by the professionals, to verify their compliance with regulations. These technical inspections are performed by a professional, either internal or external, who are responsible for assessing whether the conclusions are based on correct application of the regulations. In other words, INJURAD performs quality control on a portion of the projects submitted by professionals to ensure that they meet the required standards. Due to all these factors and in accordance with the above, the technical viewpoints articulated in the reports are exclusively the obligation of the professionals who produce them. INJURAD will send the final product to the client with a settlement of works. The settlement will include invoices from each professional involved, as well as an INJURAD invoice which covers the intermediation between the client and technicians, quality controls, and technical controls. All of this is done to ensure the product meets quality standards and to help the client understand the risks involved in the process of buying and selling a property.

II.Object of the contract. Products Type

Through the product/service selection form, the client may choose any of the following:

1. CONTROL PACK

WHAT IS IT?

Buying a home requires being well informed. In Spain it is important to maintain control even when being advised. This package has been designed by ethical lawyers and architects, who work for a safer market. Ask for it before you sign a contract, make a deposit or spend money on advice or a PGI inspection.

The Package Includes:

• A-Z Plan of steps, for a process without surprises

• A checklist to check if all the documents are present

• Model reservation contract with all the clauses to buy safely (The buyer has the right to provide a contract).

• Self-diagnosis prior to the IGP (will it happen or not?)

• Glossary of terms for non-technical people

• Possibility of supervision or legal assistance

AIM

Included in this package is a set of tools specifically designed to meet the needs of all buyers right from the moment they make the decision to buy a home in Spain.

Since the functioning of the market and the administrations make the process very complex, this package will give you a lot of information that will make it much easier for you to move forward without the uncertainty that many buyers experience, despite having professional advisors

2. DOCUMENT CHECK

WHAT IS IT?

It is the process of clearly identifying the documents given to a buyer and what they correspond to. With the report, the buyer will know what these documents accredit, in order to determine the legality of the property under study and compliance with urban regulations.

This is a service that helps the buyer check the documents they have received. It specifies their name, their meaning and if they prove that the property formally complies with urban regulations by themselves or if additional documents are needed. Likewise, the documents needed to prove the property meets Urban regulations are listed, if not already provided. Be aware that meeting Urban regulations means all necessary procedures have been completed for the property to be built and any subsequent works have been informed by the seller if necessary. Carrying out subsequent illegal works will imply that the situation of formal legality changes to a real situation of illegality.

If all the documents that prove the legality are presented, the client or technician must visually inspect the property at the time of purchase, to ensure the physical reality corresponds with the descriptions that appear in the documents.

If the necessary documents are not provided, the buyer will know that the property’s legal status is not confirmed and they can decide what step to take next.

When contracting the service, the documents subject to verification will be attached, so please ensure that you have all the required documents for the verification process. If new documents are presented later it will count as a new check, with its own time line.

OBJETIVE

Considering that a buyer or any individual who lacks sufficient knowledge of urban planning and the workings of the Spanish Public Administration may struggle to accurately discern basic information, such as correctly identifying the contents of the documents provided by the property and determining what those documents actually prove. This information is crucial when making decisions, such as which contract to sign or whether purchasing the property is still a viable option.

Lack of knowledge can often have serious consequences. Not being familiar with the documents that are handled in Spain can lead us to mistakes regarding what they mean and what they are for. Sometimes, even, a document is delivered with an erroneous identification (name of the file sent by email). To avoid all this, and so that the buyer really knows what the documents mean, what they are for and whether or not they prove the urban legality of a home, we offer this checking service.

WHO MAKES THE REPORT?

The models have been made by INJURAD’s legal collaborators, based on their knowledge and experiences, shared in the INJURAD knowledge center, achieving, in a continuous process over time, high security standards for the buyer. The models are continually evolving and improving.

Regarding the check, the analysis and the opinion, it will always be done by a lawyer specializing in urban planning (INJURAD collaborator), who is part of the knowledge center, thus being the ideal professional to quickly determine, the consequences of possible modifications to the model contract.

HOW LONG DOES IT TAKE ?

The models can be purchased immediately.

A contract check will take no more than 3 business days.

3. CONTRACT CHECK

WHAT IS IT?

A service aimed at informing the buyer about the level of protection in the event that the property has a problem of urban legality, based on the existing clauses in the contract.

Additionally, among other aspects, the following is verified:

• Identification of the parties.

• If a representative is present and the power of attorney is correctly identified in accordance to the acting individual.

• Introduction of the deadline for notarization.

  • If there is a custodian, identification, assumption of the obligation, and powers of disposal of the funds.
  • Waiver of rights by the buyer or acceptance of obligations that legally may not correspond to you.

• Inclusion of specific contractual resolution conditions specified by the buyer.

The check will include comments (if necessary, for clarity), recommendations, warnings and options to continue with the sales process.

In no case does the service include legal advice in the sales process, the drafting of the contract, the drafting of clauses (beyond any recommendations), or any other action related to the purchase, negotiation, consultations, etc.

With the contract check, the buyer is informed about the clauses included in it, or about the absence of clauses referring to key issues such as urban legality. This will help them to assess the risks that signing the contract may entail.

The check is conducted by comparing the contract with the INJURAD model contract.

AIM

To offer information to the buyer about the consequences of the most important clauses included in the contract, or the risks derived from the absence of clauses that regulate relevant aspects such as the urban legality of the property.

WHO MAKES THE REPORT?

The analysis and opinion will always be carried out by a lawyer who specializes in urban planning (INJURAD collaborator), they are the ideal professional to quickly determine, with a good level of certainty, what is missing or excessive in the contract.

HOW LONG DOES THE REPORT TAKE?

A contract check will never take more than 3 business days

4. MODEL CONTRACT

WHAT IS IT?

Reservation Contract and Conversion into Purchase Option, Contract of Confirmatory/Penal or Penitentiary Down Payments. It will all depend on what interests you. In common practice, it is customary to sign a reservation contract and subsequently a contract for penitentiary down payments. The biggest difference between the penitentiary deposit contract and the rest of the contracts that INJURAD makes available to you is that in the penitentiary deposit, any of the parties (buyer and seller) can terminate the contract without justification, such as resulting in the loss of the deposited money for the buyer or the obligation to return double the amount for the seller. If the buyer is clear about their desire to buy the property, this contract will benefit the seller, as they will be able to resolve it by paying the compensation if they are presented with a better offer than the buyer’s. However, with the rest of the contracts offered (purchase option contract, confirmatory arras/penitential arras) the parties may force the other party to comply with the obligations. That is, they may be forced to sell, provided that the conditions are met, for example, that the house complies with urban regulations. Therefore, the type of contract itself is already an important thing for the buyer to evaluate.

INJURAD, through its collaborating professionals and its knowledge center, works in an evolutionary and permanent manner to refine and continuously improve the model contracts that are typically signed during real estate buying and selling process.

Through the INJURAD knowledge center, the professionals involved in drafting the contracts, reflect and share their experiences with all the group’s collaborators.

The foundation is the philosophy of teamwork, with a common goal to design contract models that anticipate and minimize all possible risks for the buyer, primarily regarding the urban situation of the property and its legality.

The signing of a well-drafted contract with clauses that anticipate situations of non-compliance or justified reasons for the resolution and recovery of deposits will always be synonymous with tranquility and security. The purchase of a home should not be a rushed process, it takes time, and that time will be provided by the contract that is signed. This time is often necessary for conducting checks and/or obtaining urban reports (due diligence) of the property.

These are the models to which you will have access to start your sales process.

With the purchase of the “Control Package” you will have the possibility to download this model. Our recommendation is to request a review of the contract that will ultimately be signed. It is very likely that when the buyer presents the model contract to the seller, there will be changes made to it. The check will tell you if the modifications have caused essential clauses for your security to be eliminated, if clauses have been introduced that may alter the interpretation of the contract or cause a loss of clarity, or if there are contradictions. Depending on the case, you will receive the corresponding recommendations that can range from being able to go ahead and sign the contract, needing a lawyer, or advising against signing.

It is warned that any modification of the clauses of the model, no matter how slight it may seem, can lead to a change regarding the intended purpose of that clause. Therefore, INJURAD is not responsible for the consequences that may arise from said modifications. For this reason, when a process of negotiation and modification of clauses begins, the technical support of a lawyer is always recommended.

You must think that a good contract that requires the property to be legal is the first filter to know the real situation of the house, in many cases the seller will not want to sign this type of contract because they cannot comply with it (they cannot make something illegal legal). This will allow you to discard the idea of ​​buying that home, saving a lot of time and avoiding possible risks of not getting a refund, which in many cases can lead to a lengthy legal process that could last for years.

AIM

Submit to the selling party a contract that protects their interests and minimizes the risks that may arise from initiating the sale process of a property that does not comply with urban planning regulations or is illegal, as well as the ability to recover the deposit paid, if it is determined, through an urban report (due diligence) that the house has serious irregularities.

WHO DOES IT?

The models have been developed by INJURAD’s legal collaborators, based on their knowledge and experiences, shared in the INJURAD knowledge center. In a continuous process over time, they have achieved high security standards for the buyer. The models are constantly evolving and improving.

HOW LONG DOES IT TAKE?

The models can be purchased immediately by downloading them in your client area after purchasing the “Control Package.”

5. IGP INSPECTION

WHAT IS IT?

An investigation prior to a sale that must cover all aspects to make it possible to determine that by owning a property there is no risk that your rights will be limited in any situation. It means that if they inform you that there is an irregular situation, they should also inform you of the consequences it could entail.

The IGP inspection will issue an opinion mainly in relation to compliance with current regulations in:

  • The Local Urban Plans. An architect and a lawyer specialized in urban planning will be able to determine that any construction on the property, (even when it does not have the supporting documents), complies with current regulations and therefore, are in accordance with urban planning, which is almost the fundamental aspect when determining the legality of a property and consequently, the free exercise of the rights of every owner. Also, because a property that is out of order, is almost always insurmountable or implies important modifications that many buyers would not be willing to accept. (demolitions, payment of fines, investing in adjustments, not being able to rebuild, reform, rent out, etc).
  • Compliance with tax and administrative obligations: Accrediting the correct payment of taxes that would fall on the property in case of debts or payable to the current owner (mortgage). As well as administrative procedures that may bring fines for non-compliance, charges, tenants, etc.
  • Finally, the obligations related to the technical and habitability conditions of the property, also accredited through documents. However, if they are not present, it may entail greater expenses to be able to obtain them. E.g: Bulletins of electricity, gas, plumbing, Technical Building Inspection (TBI), Certificate of Occupancy, Etc. Keep in mind that many of these breached obligations may be reason enough for policy coverage to be denied.
  • The IGP Inspection is an instrument created so that investigations are carried out in a systematic, standardized manner and corresponding to some protocols, thus avoiding subjective, incomplete and superficial studies, which until now have led buyers to believe in becoming the homeowner of dreams, when actually it becomes your worst nightmare.

It must be complemented with an on-site visit to compare the data in the report with the current physical reality of the buildings, thus making sure that no modifications have been made without the corresponding permits.

The IGP Inspection model consists of a completed survey that sets exact guidelines about what and how to investigate. It proposes a cooperative work methodology. Each professional makes the contribution of their competence but with a common objective: “The final opinion”. Thus, the method also has a cooperative evaluation system, in which the participating professionals must carry out an evaluation among equals, or co-evaluation that serves to quantify and evaluate individual responsibility, reducing the risks of individual errors. All this added to the guarantees offered by the systematization of the surveys, the review of their correct completion, the random evaluation of completed reports and the signature of the professionals on a document that declares that they have processed it, corresponding to a commitment to integrity and ethics, regardless of which professionals you choose to carry out the Inspection. The opinion that the inspections yield is the information that will give you enough elements to make your own value judgment, risk analysis and finally make a decision with conscience and security.

The economic evaluation of the costs that could be generated for the legalization of the house or the correction of irregularities is NOT part of the report. The client must obtain the corresponding budget to determine said cost and evaluate if he continues with the purchase of the property.

AIM

The IGP is intended to make the buyer aware of the possible urban risks, including the limitations of property rights (possibility of obtaining a license for works, reconstruction, eventual sanctions, possibility of legalization, insurance coverage in case of total loss… etc), of the property that is for sale. With the objective that you can make a clear decision regarding whether or not to continue with the purchase of the property.

WHO DOES IT?

An urban lawyer and an urban architect will each carry out a part of the report, always in close communication and collaboration. They can be professionals already known by the buyer or professionals who, even though they are external to INJURAD, are part of a list, because they have the ideal knowledge to carry out each of the parts of the IGP. They are part of “The INJURAD knowledge center”, and completely independent from the sales process, which is crucial to obtain an impartial and independent technical opinion. Independence is essential, because, for example, a professional who for economic reasons has an interest in the purchase continuing may see his objectivity compromised when evaluating the risks of the home.

HOW LONG DOES THE REPORT TAKE?

The report will be presented to the client within a maximum period of three business days.

III. PRICES OF SERVICES/PRODUCTS

The prices of the services/products will be the one that, at all times, is advertised on the INJURAD website. The application of the price will be determined at the time of contracting. The prices include both the service provided by INJURAD and the fees of the professionals involved. At the end of the service, the corresponding invoices will be sent together within the settlement.

IV.- DEADLINE FOR SUBMISSION OF REPORTS

The terms will begin to be computed from the presentation of the minimum documentation and the signing of these general conditions. Maximum deadlines for the presentation of the reports are those indicated in section “ii. Object of the contract. type of products”.The terms will be computed according to business days and according to the calendar of the autonomous community of Andalusia.

V.- CONTRACTING ADDITIONAL SERVICES

Any type of additional services that the client may require, such as translation of the report, legal services for contracting, technical architect services and any others that are not included in those listed in the previous clauses, must be contracted independently by the client. Notwithstanding the foregoing and in the event that the client requires it, INJURAD may put the client and professional in contact, with the provision of the latter being totally unrelated to INJURAD and therefore outside its scope of control and responsibility. The expenses derived from intermediation, if any, will be agreed in the particular conditions signed with each client.

VI.- PAYMENT OF SERVICES

Payment for contracted services must be made as specified in the contracting form for services/products on the INJURAD website. INJURAD will make the corresponding amounts available to the professionals once the work has been completed and the report has been submitted, through an invoice that will be sent to the client in the final settlement. Non-payment, will be understood as withdrawal from the contract by the client.

VII.- INFORMATION, DOCUMENTATION AND AUTHORIZATION

  • INJURAD will request from the Client all the information and documentation that in its opinion are necessary for the adequate and efficient provision of the Services. The information and documentation will be sent by the Client to INJURAD, in accordance with the specifications detailed in the service/product contracting form. The Client declares and guarantees that they are duly legitimized and authorized to send the documentation and information that they provide to INJURAD and will hold INJURAD unaccountable from any third-party claim due to access to the information or documentation sent by the Client or at his request. .
  • INJURAD will not be responsible in any case for the consequences that may follow for the Client due to the fact that he has sent information or documentation that is false, inaccurate or incomplete.
  • The client must obtain the necessary authorizations from third parties in order to be able to access the corresponding files/registries of the competent bodies.
  • The client authorizes INJURAD to send the documentation and information provided to the independent professionals designated for the preparation of the corresponding reports, for the sole purpose of providing the services.
  • The Client authorizes INJURAD to keep a copy of any information and documentation provided by the Client for the provision of the Services for as long as it deems appropriate, subject to the obligations derived from the Data Protection Law. INJURAD does not assume any obligation to keep said copies for a specific period of time, being able to destroy your files without requiring any authorization. If the Client requires INJURAD to keep their files, they must request it and will assume the additional costs for file maintenance, access to them or sending documents that INJURAD may incur. What is stipulated in this point will in no case be applicable to the professionals involved.

VIII.- COMMUNICATIONS

  • The Client accepts an unencrypted email as a suitable means for the exchange of documentation, information and, in general, as a communication channel with INJURAD for the provision of Services. The Client exempts INJURAD from any responsibility for the interception or access to emails by unauthorized persons, as well as any damage or harm that may occur to the Client as a result of computer viruses, network failures or similar cases, unless for reasons attributable to INJURAD.
  • INJURAD will not assume any responsibility for the consequences that may arise from the use, at the Client’s request, of third-party platforms unrelated to INJURAD for online document storage.

IX.- TERMINATION OF THE SERVICE

The termination of the service provided by INJURAD will occur with the remission of the product/service and the settlement of fees. The subsequent use or utility that the client makes of the report is outside the scope of the services provided by INJURAD

X. LIABILITY

The possible responsibility of INJURAD derived from the damages and losses that could be caused to the client due to the provision of services will be limited, in accordance with what is stated in this document, to the measures of quality, control and application of the protocols implemented for the provision of a quality service, independence, honesty and professionalism. Since INJURAD is a company dedicated to the intermediation of services, the technical opinions included in each of the reports will be the exclusive responsibility of the independent professional, as a technician in the matter.

Regarding additional services, INJURAD acts as a mere intermediary, with the result that the contractual relationship between the client and the professional is completely unrelated to INJURAD.

XI.- COMPLAINTS AND CLAIMS

The Client can send any complaints, claims or comments they wish to make regarding the service provided to: info@casapropia.es.

In addition, INJURAD has official claim forms available by request, from info@casapropia.es or downloading one from the web www.injurad.com

Likewise, if there is a dispute, the client may request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in matters of consumption. You can access this method via the website: http://ec.europa.eu/consumers/odr/.

XII.- DATA PROTECTION

The information or data of a personal nature that the Client provides to INJURAD in the course of a transaction will be treated in accordance with the provisions of the privacy policies (Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the client consents to the processing of said information and data and declares that all the information or data provided is true.

XIII.- APPLICABLE LAW. JURISDICTION

  • The relationship between the Client and INJURAD is expressly submitted to Spanish legislation.
  • To find out about any discrepancies or claims that may arise from the interpretation or execution of the legal relationship between the Client and INJURAD, both, expressly waiving any other jurisdiction that may correspond to them and without prejudice to the mandatory rules on judicial jurisdiction, voluntarily submit to the Courts and Tribunals of the city of Granada (Spain).

XIV.- ENTIRE AGREEMENT

  • These General Conditions replace and annul any previous agreement between the Client and INJURAD. Unless otherwise agreed between the Client and INJURAD, these conditions constitute the entire agreement between both parties in relation to the order of services and which will be supplemented from time to time by the corresponding particular conditions.
  • Unless otherwise agreed, these General Conditions will apply to any order that the Client makes to INJURAD in the future.
  • INJURAD will not be obliged to start the provision of the services until it receives a copy of these General Conditions signed by the Client and the payment for the requested services is made. The remission of instructions to INJURAD by the client will be interpreted as tacit acceptance of these General Conditions.
  • In the event that the nullity of any of these terms and conditions is determined, this will not affect the rest of the terms and conditions, which will remain in full force.
  • Modifications

INJURAD may modify these General Conditions at any time, the modifications being applicable as detailed below:

a.- The General Conditions applicable in the case of recurring services will be those that appear on the website www.injurad.com at the time the services are provided. These conditions will be completed by the provisions of the aforementioned website and in the service contracting forms.

b.- INJURAD may modify the existing content on the website, making applicable what was active at the time of contracting the service/product.

c.- In the case of non-recurring services, the applicable General Conditions will be those that are referenced in the contracting of the services. However, subsequent modifications of such General Conditions may be applied, provided that a period of 21 calendar days has elapsed since they were communicated to the Client without any written opposition by the Client within said period. For clarification purposes, it will be understood that the Client accepts the changes if, during said period, he does not raise any written objection to them.

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