rights when you buy a luxury villa in Marbella Spain Consumers Laws and contacts

Table of Contents

Gonzo Realtor Luxury Villas in Marbella Code of Conduct

Commitment to Excellence and Consumer Protection

Gonzo Realtor Luxury Villas in Marbella is committed to ensuring that the real estate market operates fairly and transparently for all consumers.

Our mission is to prevent any practices that could harm consumer interests and to uphold the highest standards of professionalism and integrity in the luxury real estate sector.

Junta de Andalucía’s consumer protection services

This Code of Conduct has been developed in alignment with best practices and regulatory frameworks, including the guidelines set forth by the European Consumer Centre, Spanish Ministry of Consumer Rights and the Junta de Andalucía’s consumer protection services. (Both hotline below: Europe, Andalusia and Málaga).

It serves as a guide to ensure fairness, transparency, and accountability in all transactions involving landlords, tenants, purchasers, and vendors.

Your Rights and Ethical Standards When Purchasing a Villa with Gonzo Realtor

This section outlines the rights and ethical principles that guide the process when you choose to purchase a villa in Marbella with Gonzo Realtor.

We are committed to ensuring transparency, fairness, and professionalism throughout your real estate journey.

Consumer Rights: As a buyer, you are entitled to clear and accurate information about the property, including legal status, pricing, and any relevant terms or conditions.
Ethical Practices: Gonzo Realtor adheres to the highest standards of integrity, ensuring that all transactions are conducted ethically and in your best interest.
Transparency: Every step of the purchasing process is explained in detail, empowering you to make informed decisions.
Confidentiality: Your personal and financial information is handled with the utmost care and confidentiality.

By choosing Gonzo Realtor, you can trust that your villa purchase in Marbella, Spain, will be guided by a commitment to protecting your rights and upholding ethical practices.

1. Gonzo Realtor Key Points: Your Warranty

(a) Gonzo Realtor Luxury Villas will provide services consistent with fairness, integrity, and best practices, ensuring a seamless experience for all parties involved.
(b) We will not engage in oppressive, dishonest, deceitful, or misleading business practices.
(c) Promotional materials highlighting this Code of Conduct may be displayed at our offices and shared with clients upon request.
(d) Copies of this Code are available free of charge at our offices for clients who wish to review it.
(e) All staff members are fully trained in this Code and their legal responsibilities, ensuring compliance in all client interactions.
(f) We treat all parties involved in transactions with fairness, courtesy, and respect.
(g) All references to “written” communications in this Code include emails.

2. Conflicts of Interest

(a) Gonzo Realtor Luxury Villas avoids conflicts of interest. Any existing or potential conflicts will be disclosed in writing to clients or relevant third parties at the earliest opportunity.
(b) If we deal with a property owned by us, an employee, or an associate, we will disclose this interest in writing to all parties before negotiations begin.

3. Instructions, Terms of Business, Fees, and Charges

(a) Our terms of business are written in clear, intelligible language and are consistent with this Code. They specify the duration of the instruction and how it can be terminated by either party.
(b) Fees and charges are transparent, with no hidden costs.
(c) All fees and additional costs are clearly stated in writing and explained to clients in detail.
(d) If our commission fee is a percentage, we will clarify whether it varies based on the final sale price relative to the asking price.
(e) For fixed fees, we will state the exact amount payable, ensuring clients understand that the fee will not change regardless of the final sale price or rent.
(f) We will not involve other agencies without the client’s written permission. If sub-agents are instructed, we remain accountable for their actions.
(g) Clients will receive written confirmation of our acceptance of their instructions and detailed terms of business.
(h) We verify that vendors are authorized to instruct us on behalf of all co-vendors.

4. Deposits

(a) Deposits are held on a ‘subject to contract’ basis unless otherwise agreed in writing by the parties involved. If a transaction does not proceed, deposits will be returned promptly without deductions.
(b) Deposits are entrusted to us as stakeholders and will not be renamed or disguised as brokerage fees.

5. Client Accounts

(a) All client funds, including deposits, are held in a separate client account as required by law.
(b) Client accounts are reconciled regularly (at least monthly) to ensure accuracy and transparency.
(c) Client funds are segregated from our office account and held in trust for the specific client.
(d) The designated client account includes the word “client” in its name with the bank or building society.

6. Market Values

(a) Advice on property values is given in good faith, reflecting current market conditions and supported by comparable evidence where possible.
(b) We do not deliberately misrepresent the market value of any property.

7. Viewings and Representations

(a) We take clear instructions from clients regarding viewing arrangements and conduct them accordingly.
(b) Viewings are recorded, and feedback is communicated to clients within agreed timelines.
(c) If a property has been marketed by another agent, we confirm whether the client has previously viewed it through that agent.
(d) Where possible, we obtain an inventory before viewings to clarify what is included in the price or rent.

8. Access to the Property

(a) Unless otherwise instructed, we accompany all viewings if we hold the keys to the property.
(b) Arrangements for viewings of occupied properties are made with 24 hours’ notice, where possible.
(c) Keys are stored securely, and records of key issuance and return are maintained.
(d) Keys and key rings do not identify the property address.
(e) Written permission is obtained before granting access to third parties (e.g., surveyors or builders).
(f) After visits, we ensure the property is left as secure as we found it.

9. Offers

(a) Clients are notified of all offers promptly, unless specifically instructed otherwise in writing.
(b) Written offers or responses are communicated to clients within two working days.
(c) Before offer acceptance, we verify the availability of the purchaser’s funds and inform the vendor accordingly.

10. Advertising

(a) After an offer is accepted subject to contract, we seek the client’s instructions regarding continued marketing.
(b) Properties are not advertised without the owner’s permission.
(c) All advertisements are legal, decent, honest, and truthful, with properties available at the time of advertising.
(d) Our website is updated at least weekly.

11. Anti-Money Laundering Requirements

We do not market properties without the owner’s consent and ensure compliance with anti-money laundering regulations, including obtaining adequate proof of the owner’s identity.

12. Involvement Between Offer and Exchange of Contracts

(a) After offer acceptance, we monitor progress and assist where possible but do not interfere with the legal or mortgage lending process.
(b) Clients involved in a contract race are informed promptly and provided with relevant information.

13. Exchange and Completion

Keys are not handed over to the purchaser without written permission from the vendor or their legal representative.

14. Confidentiality

(a) All transactions and communications with clients are treated as confidential.
(b) Correspondence is acknowledged within 14 days and replied to within 28 days.

15. Complaints Handling and Consumer Protection

(a) We maintain a written complaints procedure, explaining how to file a complaint.
(b) All complaints are recorded, acknowledged in writing within 14 days, and investigated promptly by a senior staff member.
(c) If dissatisfied, complainants are informed of further steps, including referral to the Junta de Andalucía’s consumer protection services.
(d) Investigations by the Junta de Andalucía may result in enforcement actions, including orders for compensation.

European Consumer Centre in Spain

Functions

The European Consumer Centre in Spain defends the rights of European consumers.

It assists European citizens by providing information about their consumer rights and obligations, enabling them to take full advantage of the opportunities offered by the European internal market.

The commitment is to ensure that commercial legislation is properly understood and respected in cross-border contexts. This is a two-way process, as efforts are also made to raise awareness of consumer rights across Europe.

In the event of disputes between consumers and businesses, the Centre works to establish commitments and foster relationships based on trust, equal treatment, transparency, and confidentiality.

Consumer Protection Services

Information and Advice

Consumers are informed, provided with legal advice, assisted, and supported personally so they can effectively defend their rights in matters of consumption.

Claim Management

The Centre mediates cross-border consumer complaints for consumers residing in Spain who wish to file a claim against a company with registered offices in another EU Member State, Iceland, or Norway.

It also assists other European Consumer Centres in managing claims against companies with registered offices in Spain.

Consultants offer linguistic, legal, and technical assistance to achieve a satisfactory solution for all parties involved.

The European Consumer Centres Are Not Competent In:

Cases of fraud or providing redress.
Situations where a legal procedure or court case has already been initiated.
Instances where the trader has expressly refused to cooperate with the ECC-Net.
Cases where the trader cannot be identified.
Matters involving specific investment products such as forex and binary options.

If the amicable resolution route is exhausted, consumers are guided toward other systems of Alternative Dispute Resolution and, if necessary, the judicial route, such as the European Small Claims Procedure .

The consumer information hotline, under the jurisdiction of the spanish Ministry of Consumer Protection, provides free assistance regarding inquiries and rights related to consumer matters, including:

Acquisition of Properties
Travel Agencies
Dry Cleaning Services
Vehicle Repairs
Appliance Repairs
Gas Supply
Food and Beverage Services
Labeling of Industrial Products
Labeling of Food Products
Educational Institutions
Timeshare Use of Tourist Real Estate
Special Sales: Discounts, Offers, Clearance, Liquidations

In addition, the service:

Assesses whether or not it is appropriate for a consumer to file a complaint, relying on existing consumer laws and regulations.

Provides guidance on the proper procedure for filing a complaint.

The service operates uninterruptedly from 8:00 AM to 8:00 PM , Monday through Friday, and from 8:00 AM to 3:00 PM on Saturdays (excluding National and Regional holidays), with voicemail available outside of business hours.

Consumer Hotline Contact Information

Consumer Information Hotline (Junta de Andalucía):
Phone: +34 900 215 080
Email: consumoresponde@juntadeandalucia.es
Website: www.consumoresponde.es

Local Consumer Office in Málaga (Municipal Consumer Information Office):
Contact Email: seccionconsumo@malaga.eu
Phone: +34 951 92 84 58
Address: Ayuntamiento de Málaga (City Hall of Málaga)

For further inquiries or support, please feel free to reach out to either of the above contacts.

Read or Download Official Andalusia Complaint Paper

Useful Premium Properties Buyers Links for Complaints

Spanish Consumer Ministry

https://www.consumo.gob.es

Key Citation: “Consumers have the right to receive clear and truthful information about the characteristics of the product or service they purchase, including luxury homes.”

European Consumer Centre Spain

https://www.europeaconsumers.es

Key Citation: “Buyers of high-value properties in the EU are protected under Directive 2011/83/EU on consumer rights.”

Junta de Andalucía – Ministry of Development, Infrastructure, and Territorial Planning

https://www.juntadeandalucia.es

Key Citation: “It is mandatory for all homes, regardless of their value, to have the corresponding Construction Permit and Certificate of Completion.”