Legal Conditions Policy for Monarch Estates

1. Introduction

This Legal Conditions Policy (hereinafter referred to as the “Policy“) outlines the terms and conditions governing the provision of real estate services by Monarch Estates (hereinafter referred to as “we,” “us,” or “our”) to our clients (hereinafter referred to as “you” or “Client”). By engaging our services, you agree to be bound by these conditions. Please read this Policy carefully.

Important Note: Monarch Estates is based in Spain, and these conditions are governed by and construed in accordance with the laws of Spain. It is recommended that you seek independent legal advice to fully understand your rights and obligations.

2. General Terms and Conditions

• Scope of Services: We will provide real estate services as agreed upon in a separate written agreement or service proposal (the “Service Agreement“). The scope of services may include, but is not limited to, property listing, buyer representation, negotiation, administrative support for sales/rentals, and property management. Any services outside the agreed scope will be subject to additional fees and a written amendment to the Service Agreement.
• Client Responsibilities: You agree to provide us with accurate and complete information necessary for the provision of our services, including but not limited to property details, financial information, legal documentation, and specific requirements. You are responsible for making timely decisions and providing necessary approvals. You will ensure reasonable access to properties for viewings or assessments.
• Intellectual Property: All marketing materials, photographs, property descriptions, and other creative works developed by us for the purpose of marketing your property remain our intellectual property until full payment for the services related to their creation has been received and as otherwise specified in the Service Agreement. Upon full payment, you will receive a non-exclusive license to use such materials solely for the specific transaction for which they were created. Any other use, reproduction, or distribution is prohibited without our prior written consent.
• Confidentiality: Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed by the other party during the course of the service. This obligation of confidentiality will survive the termination of the Service Agreement.
• Governing Law and Jurisdiction: This Policy and any related Service Agreements will be governed by and construed in accordance with the laws of Spain. Any disputes arising out of or in connection with this Policy or a Service Agreement will be subject to the exclusive jurisdiction of the courts of Malaga.
• Entire Agreement: This Policy, together with the Service Agreement and any referenced documents, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Amendments: No amendment, modification, or waiver of any provision of this Policy or a Service Agreement will be effective unless it is in writing and signed by authorized representatives of both parties.
• Severability: If any provision of this Policy or a Service Agreement is held to be invalid, illegal, or unenforceable for any reason, such provision will be severed, and the remaining provisions will continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.
• Notices: All notices and other communications required or permitted under this Policy or a Service Agreement must be in writing and will be deemed to have been duly given when delivered personally, sent by registered mail with return receipt requested, or sent by email (with confirmation of receipt). Notices to us should be sent to [email protected]  Notices to you will be sent to the address (physical or email) you have provided to us.

3. Payment Terms

• Fees and Charges: Our fees and charges for the services will be as specified in the Service Agreement. This may include commissions, fixed fees, or a combination thereof. Unless otherwise stated, all fees are exclusive of VAT (IVA in Spain), which will be added to the invoice at the applicable rate.
• Payment Schedule: The payment schedule will be outlined in the Service Agreement and may include an initial retainer, milestone payments, or a final payment upon successful completion of the service (e.g., property sale completion).
• Payment Methods: Payments can be made via bank transfer or credit card. Details for bank transfers will be provided on our invoices. For credit card payments, we may use secure third-party payment processors.
• Late Payment: In the event of late payment, we reserve the right to charge interest on the outstanding amount at the rate legally applicable in Spain for commercial transactions during the period of delay, without the need for prior formal notice. We may also suspend work on the service until all outstanding payments are received.
• Expenses: You will be responsible for reimbursing us for reasonable and necessary expenses incurred in connection with the service, such as marketing costs, notary fees (if applicable and agreed), property registration fees (if applicable and agreed), or other agreed disbursements, as detailed in the Service Agreement or with your prior approval.
• Retainers/Deposits: An initial non-refundable retainer or deposit, as specified in the Service Agreement, may be required to commence the services. This amount will be credited against the final service fees.

4. Service Specific Conditions

• Service Timeline: Any service timelines provided are estimates and are subject to change due to factors beyond our reasonable control, including but not limited to market conditions, legal processes, or third-party delays. We will use reasonable efforts to keep you informed of any significant delays.
• Property Information Accuracy: While we will use reasonable care in presenting property information, you are responsible for the accuracy of all details you provide regarding your property. We are not liable for any discrepancies or inaccuracies in property details that were supplied by you.
• Third-Party Services: We may recommend or facilitate access to third-party services such as legal advisors, financial institutions, surveyors, or notaries. We do not provide warranties or guarantees for the services rendered by such third parties and are not liable for their actions or omissions.
• Changes and Variations: Any significant changes to the agreed service or property details requested by you must be submitted in writing and may result in adjustments to the service timeline and fees. We will provide you with a written quotation for any such changes, and work on the changes will not commence until you have provided your written approval.
• Access to Property: You will provide us and our authorized personnel (e.g., potential buyers, surveyors) with safe and timely access to the property as reasonably required to perform the services.
• Property Condition: We are not responsible for any pre-existing structural issues, hazardous materials, or other unforeseen conditions of the property. Any such issues discovered may require additional action and costs, which will be discussed and agreed upon with you.

5. Liability and Warranty

• Limitation of Liability: To the maximum extent permitted by applicable Spanish law, our total aggregate liability to you arising out of or in connection with this Policy or a Service Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total fees paid by you to us under the relevant Service Agreement. We will not be liable for any indirect, consequential, incidental, special, or punitive damages, loss of profits, loss of business, or loss of opportunity.
• No Warranty on Third-Party Services/Products: We do not provide any warranties on services or products provided by third parties (e.g., legal advice, financial products). Any warranties for such services/products are provided solely by the respective third-party providers. We will use reasonable efforts to facilitate any claims you may have with such third parties.
• Professional Liability Insurance: We maintain professional liability insurance (seguro de responsabilidad civil profesional) in accordance with applicable legal requirements in Spain.

6. Termination

• Termination for Cause: Either party may terminate the Service Agreement by providing written notice to the other party if the other party commits a material breach of the Service Agreement and fails to cure such breach within 30 days after receiving written notice of the breach. We may also terminate the Service Agreement immediately upon written notice if you become insolvent or bankrupt.
• Termination for Convenience by Client: You may terminate the Service Agreement for convenience by providing us with 30 days written notice. In the event of termination for convenience by you, you will be responsible for paying us for all services performed up to the date of termination, as well as any reasonable costs and expenses incurred by us as a result of the termination (e.g., unrecoverable marketing expenses).
• Termination for Convenience by Monarch Estates: We may terminate the Service Agreement for convenience by providing you with 30 days written notice. In such event, you will only be liable for payment for services performed up to the date of termination.
• Consequences of Termination: Upon termination of the Service Agreement for any reason, all outstanding payments due to us will become immediately payable. We will also be entitled to the return of any intellectual property for which full payment has not been received.

7. Data Protection

We will collect, process, and store your personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR) and Spanish data protection laws (Ley Orgánica 3/2018).

8. Cookies

Our website uses cookies in accordance with our Cookie Policy. Please refer to our Cookie Policy for detailed information about the cookies we use and how you can manage your preferences.

9. Contact Us

If you have any questions or concerns about this Legal Conditions Policy, please contact us at:

Monarch Estates

Email: [email protected]

Telephone: +34 617 555 665

Last Updated: 28.07.2025