Agreement – New Property Mortgages Plus Service
New Property Mortgages · NPM

Mortgage Services
Agreement

New Property Mortgages Plus Service
01 Parties
The Service Provider

New Property Mortgages (NPM)
Rep. by Mr. Gorka Etxeberria Agirre, CEO
ID: 72478822A
Calle Salamanca 28, 29013
Málaga, Spain

The Client

Client Name
Client Email Address

✍️ Digitally accepted by Client Name (Client Email Address) on Date.
02 Purpose of the Contract

The client wishes to contract New Property Mortgages services and the Parties have negotiated and accepted a proposal of objectives and activities, as well as the fees specified in this contract.

The purpose of this contract is the provision of advisory and brokerage services, on an exclusive basis, to secure a mortgage loan in Spain for the acquisition of a property.

New Property Mortgages duties will consist of:

  • Prepare the Client's financial profile and present the loan application to the relevant entities.
  • Present and advise the Client about loan contract offers in accordance with their financial profile, so that the Client can make a sound decision about contracting a loan.
  • Assist the Client in the preliminary procedures or pre-contractual requirements regarding the loan contract.
  • Ensure that the loan contract offers do not contain abusive terms in relation to the existing conditions in the mortgage loan market.

The lending party decides whether to lend and the lending terms. The power to grant or deny the intended financing, as well as the determination of its specific conditions, will correspond solely to the Lender. New Property Mortgages does not have the power to influence or overturn the lending party's decision.

03 Contract Period

The Service will be provided for a period of three months from the date of accepting these terms and conditions and will be extended tacitly for one month and successively until the signing of the public deed, unless either party notifies the other in writing at least 7 days in advance.

New Property Mortgages will keep the Client informed of the progress of the service during the term of the contract. New Property Mortgages is not responsible for delays caused by financial institutions and how such institutions manage their processes or decision making.

04 Cancellation of the Contract
  • The Client may withdraw from this contract within a period of 14 days from its formalization, notifying New Property Mortgages in writing of their unequivocal desire to withdraw.
  • New Property Mortgages, without any penalty, may withdraw from the contract once, having considered a sufficiently substantial number of financing contracts, it has been found impossible to find at least one that meets the preferences and/or circumstances expressed by the Client.
  • The contract may be unilaterally terminated in advance by whoever, having complied with the agreed obligations, alleges a serious and essential breach of the counterparty's obligations.
05 Client's Obligations

The Client undertakes to facilitate the performance of the object of this contract, faithfully providing the necessary documents and information within the deadlines established at the commencement of the contract.

The Client agrees to work on an exclusive basis for a mortgage in Spain and undertakes to inform New Property Mortgages of the processes initiated prior to accepting these terms and conditions, providing institutions' names and points of contact, as well as all communications and results. Henceforth, these processes shall become part of the object of this contract.

06 Services Fees
1% + VAT of the amount approved by the lending party as a mortgage loan, once the Client has received written approval of the mortgage loan and has accepted the offer in writing.
  • The minimum fee is €2,000 (excl. VAT).
  • Payment shall be made by bank transfer to the account of NPM when the Client accepts the offer from the bank.
  • New Property Mortgages will not demand from the Client any other fee more than the 1% described above for services rendered during the term of the contract.
  • Excluded from the fees are the rights derived from services provided by third parties such as Notaries, Managers, Appraisers, Property Registrars, or others, as well as other expenses, fees or taxes legally corresponding to the Client or the lending entity.
07 Laws, Regulations & Interpretation
Applicable lawSpecific legal regime of brokers and real estate credit advisors in Spain.
JurisdictionCourts and tribunals of Málaga.
InterpretationThese terms and conditions are written in Spanish and English. The Spanish version prevails for interpretive purposes.

Annex

New Property Mortgages — Obligation to Inform

A1 Applicable Laws and Regulations
  • Law 5/2019, of 15 March, regulating real estate credit contracts.
  • Law 2/2009, of 31 March, regulating the contracting with consumers of mortgage loans or credits and intermediation services.
  • General Law for the Defense of Consumers and Users and other complementary laws, as well as development provisions approved by the competent Autonomous Communities.
A2 Data Protection Regulation

New Property Mortgages (NPM) is the Responsible for the treatment of the personal data of the Interested Party and informs that this data will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD).

Purposes & legitimacyMaintain a professional relationship (legitimate interest, art. 6.1.f GDPR) and sending communications of products or services (with consent of the interested party, art. 6.1.a GDPR).
Data retentionKept no longer than necessary to maintain the end of the treatment or while legal prescriptions dictate their custody.
Data communicationNPM is allowed to collect, store, and share with financial institutions the client's information and data.
Responsible partyNew Property Mortgages · Calle Salamanca 28, 29013 Málaga · hola@newpropertymortgages.com

Rights of the Interested Party:

  • Right to withdraw consent at any time.
  • Right of access, rectification, portability and deletion of data, and of limitation or opposition to its treatment.
  • Right to file a claim with the Control Authority (www.aepd.es) if you consider that the treatment does not comply with current regulations.
A3 Bank of Spain — Art. 35 Law 5/2019
Company nameNew Property Mortgages (NPM)
AddressCalle Salamanca 28, 29013 Málaga, Spain
Bank of Spain registrationNumber D665
Type of serviceIndependent mortgage advisory services, not tied to any financial institution.
Fees1% (excl. VAT) of the approved mortgage amount.
Introduction feeIn the event that NPM receives an introduction fee from the lending bank, the client will be informed in documents signed prior to formalization (e.g. FEIN).
A4 Claims Process
  • The Client must contact New Property Mortgages as soon as an issue occurs and request an assessment of their case.
  • Contact: by emailing hola@newpropertymortgages.com to arrange an appointment with Gorka Etxeberria.
  • New Property Mortgages will review the case and answer the Client in writing within a period of 10 days.
A5 Professional Indemnity Insurance

New Property Mortgages has civil liability insurance to cover liabilities that may arise as a result of professional negligence.

Insurance companyLloyds L-1228 – Exsel
Policy No.BASWZ1770124950865
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