General terms and conditions

Canary Immo is a commercial name managed by Peter Van Bogaert, Calle Puipana 3 Block 6 1F, 35640 Villaverde, Fuerteventura Spain and VAT Y6757835N. Peter Van Bogaert independently carries out coaching and real estate assignments. In the context of these last activities, the activities around Canary Immo must be framed. The general terms and conditions (hereinafter: “Terms and Conditions”) regarding these activities are described as well as the general terms and conditions regarding the management of the website: https://www.canaryimmo.com/nl.

ARTICLE 1 - SCOPE

These General Terms and Conditions apply to every offer, every quotation and every agreement concluded with regard to services offered by us.

Since the assignments around Canary Immo are not offered to residents of a specific country, but are limited in execution to the territory of the Canary Islands, the activities around Canary Immo fall exclusively under the regulations and conditions of the Canary Islands for the performance of comparable assignments. In this context, it should be taken into account that the indicated prices and the invoicing will be carried out under the tax system of the Canary Islands. This means that the indicated prices can be increased with an IGIC of 7%.

The technical management of the website is carried out by a Belgian company, these activities are therefore subject to the applicable conditions under Belgian law.

ARTICLE 2 - OUR SERVICES, RATES AND COMMISSIONS

When you purchase a property from our portfolio, there are no costs to us for the purchase of the property for the buyer. The seller pays us a commission because he is the principal.

Check my property

You have found a dream home or real estate project yourself, but would like an independent confidential adviser to check this for you before making the crossing yourself? Great, call us in, we will make a visit and inform you of our findings. The fixed cost for Fuerteventura is €145, for Lanzarote it is €195.

If you wish to make a purchase afterwards, you can also be guided by us for this. More information can be found further on under “buying real estate”.

Exploration of the island

If you are not yet sure where on the island to buy property, you can take a guided tour. We divided Fuerteventura into 3 areas each. The exploration of one area takes more or less 1 full day and costs €395. The price for a tour of all 3 areas is €995.

House hunt

Are you turning to Canary Immo for a tailored house hunt? For the search, we operate on a flat fee of €495 including IGIC. Within 6 months, we will present you with at least 4 potential properties that closely match your expectations. If no ideal property is found during the initial search, we can, of course, with the approval of both parties, initiate a second tailored house hunt.

If you decide to purchase one of the properties we've found, our legal and practical assistance in real estate acquisition starts automatically. You can find the rates further below.

Combination of regional exploration and house hunt

Discover a region and spot interesting real estate in the meantime, it's possible. In this package we combine the 2 previous trajectories. We will discover the region of your choice and, based on the house hunt we have carried out, we will combine this discovery with the presentation of a few opportunities. At a later time, the most interesting homes can be visited in detail. This formula also has a fixed investment of €895.

If you decide to purchase one of the properties we've found, our legal and practical assistance in real estate acquisition starts automatically. You can find the rates further below.

Legal and practical assistance in real estate acquisition 

Finding your ideal spot under the sun is one thing, but actually buying and taking possession of the property is another story. We guide you both practically and legally, providing a unique combination that ensures 360-degree all-inclusive support and 100% peace of mind. We personally conduct the practical assistance. For legal guidance, we collaborate with carefully selected partners who are specialized and renowned in the field of legal assistance.

This service is remunerated at a rate of 2% of the purchase price with a minimum of €4000 excluding IGIC. An advance payment of €1500 is required to initiate these services. The remaining balance must be paid no later than 3 weeks before signing the deed at the notary's office. 

This service can be provided under the aforementioned conditions even if you have found your dream home yourself or choose one of the real estate gems pre-selected by us. When applying for collaboration, select the option 'Legal and practical assistance in real estate acquisition'

What tasks are included in this package? 

Practical Assistance:

• (Re)visiting the property or project you've chosen. 
• Mapping out the pros and cons and discussing them with you to ensure you're well-prepared. 
• Reviewing the sales conditions: price, down payment, availability, etc. 
• Assisting in price negotiations and, if possible, closing the deal.
•  Monitoring all aspects during the sales process in consultation with our legal advisor. 
• (If applicable) Monitoring construction work when purchasing a new construction project. Note that technical monitoring must be carried out by architects. 
• Advising and facilitating specific works or renovations: kitchens, bathrooms, solar panels, air conditioning, swimming pools, and garden landscaping. This includes requesting and negotiating quotes and helping to close contracts. Monitoring and facilitating the execution of these works is optional. 
• Advising on furniture, household items, lighting, curtains, internet, banking, insurance, etc., and recommending potential partners or suppliers. Facilitating and performing these tasks is also optional. 
• Advising on finances and rental possibilities. Always available for a listening ear and help when needed. 

Legal Assistance:

• (If desired) Applying for an NIE number. The NIE is a personal identification number, and without this number, it's impossible to buy real estate in Spain. 
• Tax payment. Unfortunately, buying real estate in Spain entails paying taxes. Since 2018, you must be pre-registered with the Spanish tax authorities to meet tax obligations in Spain. We arrange this for you. 
• Drafting the sales agreement. A purchase comes with a compromise, a contract. We draft this for you or review the compromise offered by the seller and safeguard your interests. Additionally, we ensure that you understand what you're buying and signing. 
• Debt check. In Spain and the Canary Islands, you can take over debts on real estate; these are not automatically cleared upon sale. Are there any existing mortgages and what about ongoing bills like water, electricity, comunidad, etc.? You must be sure you're buying completely debt-free. We check this for you. 
• Payments. There are various ways to settle the balance at the notary. We guide and facilitate this according to your preferences. 
• The notary. The role of a notary is very limited in Spain. The Spanish notary will prepare the deed based on the information we provide. They won't conduct research on the property you're buying! They're also not responsible for the transaction, the accuracy of the information, or the documentation provided! We watch over this for you. We make an appointment with the notary, verify the accuracy of the deed, and guide you through the signing of the deed and financial transaction. 
• Registration. Even on the Canary Islands, a real estate purchase must be registered with the relevant authorities. However, the notary doesn't do this automatically, and as the new owner, you're responsible for this. We ensure that this is arranged for you. Transfer taxes: After signing the authentic deed, you must handle the declaration and payment of this tax yourself. The notary doesn't take care of this. Of course, we ensure that this is arranged for you.
• Cadastre: You must inform the municipality and the cadastre of your new property. Annually, you will have to pay property tax, known as Ground Tax or Cadastre Income (KI), called Impuesto sobre los Bienes Inmuebles (IBI) or SUMA in some municipalities. For all our clients, we ensure that this tax is automatically collected from their bank account, so you never pay late and avoid fines.
• After the purchase: Congratulations, you are now the proud owner! But there are still many administrative matters to be dealt with. We also take care of these formalities, including:
  • Payment of the notary's bill 
  • Collecting your authentic deed from the notary 
  • Cancellation of the mortgage Payment of registration fees for registration 
  • Transfer of the water connection + signing of contract + direct debit of water bills 
  • Transfer of the electricity connection + signing of contract + direct debit of electricity bills 
  • Registration with the municipality for the Basura tax (waste collection) + direct debit of Basura 
  • Registration with the comunidad (homeowners association/syndicate) + direct debit of comunidad costs (if applicable)

Despite the fact that Canary Immo offers the service described above as a package and selects the legal office for the execution of the tasks listed above regarding legal assistance, Canary Immo can never be held responsible for the quality and accuracy of the work performed by the legal partner.

Renovation

If you wish to engage Canary Immo for advice on choosing a partner for renovation works, we also start here with a free and non-binding intake meeting. Please note that these services are only accessible to customers who have purchased a property or have their rental property managed by us. The following services are included:

• Presenting your project to potential partners and obtaining personalized quotes.
• Providing the cooperation agreement with the supplier of your choice.
• Assisting in initiating your collaboration.

For these services, we charge a commission fee of 5% excluding IGIC.

Would you like us to oversee the smooth progress of the works? For this, we work with hourly rates depending on the task. Of course, we will determine the number of hours to be spent as much as possible in advance and in mutual agreement.

We reserve the right to adjust our rates and commission system at all times.

ARTICLE 3 - PAYMENT 

When conducting a property check, a regional survey, or a house hunt the execution will only commence upon receipt of payment.

A similar working method applies when responding to a quotation requested by us for renovation works. Here too, the relevant commission must be paid in full before we put you in contact with the supplier or contractor.

For legal and practical assistance in a purchase, an advance payment of €1500 must be made before the work commences. The outstanding balance must be paid no later than 3 weeks before signing the deed at the notary's office.

It is the customer's responsibility to make payments as quickly as possible. Failure to close a deal due to prolonged procedures cannot be attributed to us. All our invoices are issued and delivered after payment of the full balance.

We commit, if a deal is still canceled due to the seller's actions, to credit the commission invoice and fully refund the commission already paid. Already paid flat-rate costs in the context of regional prospecting and/or house hunting, as well as the incurred costs and fees of the legal partner, are naturally excluded and deducted from this refund.

Please note that for any delay in payment, the customer will owe default interest of 1% per month commenced from the due date of the invoice, ipso jure and without prior notice of default, whereby each month commenced is a full month. , without prejudice to any fees and costs. Also, by operation of law and without prior notice of default, a fixed compensation amounting to 10% of the invoice amount with a minimum of EUR 250 shall be payable as a penalty clause, without prior notice of default and on top of the principal sum, the interest on arrears, collection, demand, follow-up and expenses as a result of loss of time and judicial or legal expenses. This damage clause shall not affect the obligation to pay the stipulated interest on arrears. 

Disputes must be submitted to us by electronic mail within five working days after sending the invoice, on pain of inadmissibility. (contactcanaryimmo@gmail.com)

ARTICLE 4 - DURATION OF THE AGREEMENT AND TERMINATION

Our agreements are entered into by mutual agreement given by electronic writing. The agreement can be terminated at any time by us unilaterally and without judicial intervention if the client is in a state of bankruptcy or judicial composition or if the client fails to pay his invoices. 

ARTICLE 5 - INTELLECTUAL PROPERTY RIGHTS AND USE OF WEBSITE

Our website, logos, texts, pictures, names and in general all our communications are protected by intellectual property rights which lie either with us or with our suppliers or other entitled parties.

Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether patentable or not.

It is prohibited to make use of and/or change the intellectual property rights as described in this article. For example, the customer may not copy or reproduce our drawings, photographs, names, texts, logos, colour combinations, etc. without our prior and express written consent.

Unless expressly stipulated otherwise, the pages and simulations that the visitor consults or obtains, whether or not via the applications listed on the website, are purely informative. All data on the site are maintained with the greatest care, trying to use only reliable sources. However, given the rapid evolution and complexity of some matters, we cannot guarantee the accuracy and completeness of the information provided on our website or other social media. Therefore, we disclaim all liability for direct or indirect damages resulting from access to, consultation of or use of the information, data and publications on the website and/or access to and use of interactive applications.

Information does not replace advice or assistance in actual cases. The visitor remains fully responsible for the choice of information he/she consults and for the consequences of the use he/she makes of this information.

This website contains hyperlinks to websites of third parties, including social media. The visitor is free to consult these websites. However, we have no responsibility for the content of these sites and, moreover, we give no guarantees in terms of the security level of these sites. Bocu cannot be held liable for any detrimental consequences or any damage of any kind suffered by the visitor as a result of using the hyperlinks.

Under the page: https://www.canaryimmo.com/en/our-real-estate-highlights, various properties posted by third parties are displayed. These advertisements are purely informative and serve only as a source of inspiration. We cannot be held liable for any errors in the content of these advertisements or in case the property is no longer available. The advertisements do not constitute an offer in any legal sense. The information on our website is always provisional, especially but not exclusively with regard to the asking price.

We make every effort to provide access to the website 24 hours a day, 7 days a week. However, in view of the technical characteristics of the Internet and computer resources and the need to carry out periodic maintenance, updates or upgrades, we cannot guarantee uninterrupted access or service. In the event of a normally acceptable interruption or disruption of access or service, we shall do everything in our power to remedy the situation in the shortest possible time. Such normally acceptable interruptions or disturbances are inherent to the provision of services via the Internet and cannot be regarded as shortcomings.

ARTICLE 6 - CONFIDENTIALITY AND PRIVACY

We are the controller of your personal data and process it in accordance with the General Data Protection Regulation;

For more information about the processing of personal data, please refer to our Privacy & Cookie Policy.

ARTICLE 7 - LIABILITY SERVICES

We always act as an independent coach and consultant. This means that the customer always makes a purchase directly from the seller or his appointed representative or enters into a direct partnership with a supplier or installer. As a result, the customer must only and directly recover any direct or indirect damage resulting from these agreements. If required, Bocu can act as an advisor and mediator in this regard.

In addition, we are not liable for any direct or indirect damage (such as eg consequential damage, loss of profit, lost savings or other damage) for which we have not expressly determined our liability in these conditions. Our liability will in all cases be limited to the amount of the price stipulated, invoiced and paid (incl. VAT) by the cooperation.

ARTICLE 8 - FORCE MAJEURE

In the event of force majeure, we shall not be obliged to fulfil our obligations. In that case, we may either suspend our obligations for the duration of the force majeure or definitively dissolve the agreement. 

Force majeure is any circumstance outside our will and control that prevents us from fulfilling our obligations in whole or in part. We understand this to include, but not be limited to: illness, personal reasons, strikes, unexpected traffic jams, accidents on European roads, fire, business interruptions, energy interruptions, disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time, non-delivery or late delivery by suppliers or other third parties used, etc. 

ARTICLE 9 - NULLITY AND COMPLETENESS

These General Terms and Conditions constitute the entire agreement between the client and us with regard to the subject matter contained herein.

If one or more provisions of these General Terms and Conditions should at any time be wholly or partially unlawful, void or for any other reason unenforceable, this clause shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. 

ARTICLE 10 - JURISDICTION AND APPLICABLE LAW

Spanish law applies to all disputes related to the execution of orders, invoicing and payments as well as to the property rights surrounding our website and other publications. In case of dispute or dispute, only the local courts of our registered office are competent.