INFORMATION PRIOR TO THE BROKERAGE CONTRACT
By virtue of Law 2/2009, of March 31, which regulates the contracting with consumers of mortgage loans or credits and of intermediation services for the conclusion of loan or credit contracts (hereinafter, the “Law 2/2009 ”), the companies that carry out the intermediation activities must provide the User free of charge, with a minimum of fifteen calendar days prior to the conclusion of the intermediation contract and, in any case, before assuming any derivative obligation of the contract, certain information.
The purpose of this document is to provide the User of the Platform (www.gibobs.com) with the mandatory information prior to the formalization of the Intermediation Contract.
The information provided in this document will be binding and is provided in writing (the User can download the document in pdf format through the following link https://www.gibobs.com/contrato-de-intermediacion/) as well as access the same through the link available on the Platform, both being supports of a durable nature that allow the constancy, conservation, reproduction and access of the information and the date of receipt of the same by the recipient (the User).
2. INFORMATION ABOUT THE COMPANY
- Company name: GIBOBS S.L. (hereinafter, “GIBOBS”).
- Registered office: Calle Las Norias 92, Block C, Floor 0, Majadahonda.
- CIF: B88226725
- Telephone: 91 134 43 59
- E-mail: email@example.com
- Web platform: www.gibobs.com
2.2 Liability insurance
GIBOBS has contracted a civil liability insurance policy in accordance with the obligation stipulated in article 7 of Law 2/2009 with the Lloyd’s entity and with policy number BNE201900058 for an amount of seven hundred fifty thousand (750,000) euros.
2.3 Gibobs record
GIBOBS is registered in the Registry of real estate credit intermediaries of the Bank of Spain with the coding number D145, as a real estate credit intermediary, in accordance with the provisions of article 27 and following of Law 5/2019, of March 15 , regulator of real estate credit contracts.
3. INFORMATION ABOUT THE INTERMEDIATION SERVICE
3.1. MAIN ACTIVITY
The information that the User must know regarding the intermediation service offered by GIBOBS is the following:
A) Mortgage credit intermediation service
GIBOBS, as an exclusive intermediary, linked to financial and credit entities (hereinafter, the “Lenders”), exercising its activity under Law 2/2009, offers the User intermediation services in the contracting of mortgage loans, facilitating the comparison of mortgage products offered by Lenders, based on current market conditions, needs and the User’s credit profile (hereinafter, the “Intermediation Services”).
The Intermediation Services will involve the performance by GIBOBS of a search among the mortgage products offered in the market by the Lenders with whom GIBOBS has collaboration, of those that best adapt to the characteristics of the mortgage loan requested by the User, of compliance with the information and documentation provided by it.
The procedure that GIBOBS follows for the provision of Intermediation Services will be as follows:
- Once the Intermediation Contract is formalized, the User must provide all the information required through the questionnaire, as well as all the documentation requested by virtue of the information provided through the questionnaire.
- Likewise, he must indicate the Lenders in which he wants to provide the appraisal request.
- In case the User expressly authorizes it, GIBOBS will carry out a query to the financial solvency information files in order to know if the User has any outstanding load, credit and / or debt on that date (CIRBE, ASNEF, EXPERIAN, EQUIFAX or others).
- Once the above has been carried out, GIBOBS will present to the Lenders that the User has consented to, the User’s own credit assessment requests, as well as the documentation required in said requests.
- The Lenders who were requested a credit assessment by the User will issue credit offers (hereinafter, the “Offers”) indicating the conditions of the mortgage loan agreement. The Offers, in general, are not binding, so their conditions may vary; and are prepared by Lenders to whom a request for credit assessment has been submitted, therefore, GIBOBS has no responsibility with respect to them.
- The User will have the option to accept any of the Offers made by the Lenders in which he requested a credit assessment. The Offers are not binding on the User and the User may accept or reject them as appropriate.
- In the event that the User is interested in accepting any of the Lenders’ Offers, GIBOBS will be in charge of managing the User’s contact with the Lender in question to carry out the contracting of the mortgage loan without GIBOBS assuming any In this case, the expenses, charges and / or taxes that the contracting of the mortgage loan may imply, as well as the sale of the property. Likewise, in the event that the User accepts one of the Offers through the Platform, he undertakes to carry out the sale of the property in question through the agent in which he showed his interest in the mortgage credit intermediation services by GIBOBS.
B) Accessory services to Intermediation Services
GIBOBS will additionally offer additional services to the Intermediation Services, necessary for the formalization and execution of the credit agreement with the Lenders, which include:
- Pre-valuation of the property.
- Property appraisal.
Only the intermediation services of GIBOBS and the service called “Financial Products” will imply the initial payment of a refundable deposit for the User (except those that are referred by a real estate agency, promoter or marketer or those that have a discount code). Access to the Platform and the use of supplementary activities will have no cost for the User.
The User may only access the supplementary activities if they do not have – initially or at any time – interest in the intermediation services. You will only access these services when the User has provided GIBOBS with the information and / or documentation necessary for this.
As soon as the User formalizes the Contract, and once they have expressed their interest in accessing the intermediation services by providing the information and / or documentation required for this, GIBOBS will begin the activity of advice, study of the operation and search for the best mortgage. Once the viability of the operation has been determined, if it is less than 2, the formalization of the operation will not be recommended. In case of viability equal to or greater than 2, for new mortgages the User may access any of the following plans: Customized Mortgage Plan and Premium Mortgage Plan.
In the case of interest in a change of financial institution to improve its conditions (subrogations, novations and cancellations of mortgages), the feasibility study will not be carried out for the User, but the User may also access any of the aforementioned plans.
Plan Mortgage a tu Medida, the User must proceed to deposit a refundable deposit of fifty euros (50 euros), which will be used to pay the appraisal service of the selected home.
In the event that an offer is not obtained by any bank, or in the event that the User who is looking for a new mortgage obtains a firm offer with better conditions than those obtained by GIBOBS, the amount of the deposit will be returned to the User. For these purposes, it will be considered that the firm offer is fulfilled when the user provides GIBOBS with the FEIN.
For subrogations, novations and cancellations of mortgages, the deposit will be returned to the User provided that GIBOBS does not get a better offer than their current mortgage.
Premium Mortgage Plan, includes the Customized Mortgage Plan with an additional service that ensures greater personalized attention and attention from GIBOBS advisers. Includes the following services:
– Contact with a GIBOBS advisor by WhatsApp during business hours – Preferential assignment of a mortgage advisor – In-person accompaniment to the firm in case the user resides in Madrid or Barcelona – Enjoy additional services, such as opening an account current or the processing of the sworn translation of documents, – Help with document management (request for Registry Notes, cadastral documentation …)
In this case, the User must also proceed to deposit a refundable deposit of fifty euros (50 euros), which will be used to pay the appraisal service of the selected home, and agrees to pay an additional amount equivalent to one per one hundred (1%) of the amount of the loan obtained by the User. This payment will be paid when the mortgage transaction is confirmed and the User has signed the FEIN. In any of the plans, after twelve (12) months from the deposit of the refundable deposit by the User (i) if the User does not advance in the process or decides not to proceed with it for any reason not attributable to GIBOBS, (ii ) GIBOBS would have obtained at least one offer for the User and (iii) if none of the causes established for the return occurred, GIBOBS will keep the amount of 50 euros to cover the management expenses of its advisors.
D) TAXES AND EXPENSES
The User will be responsible for satisfying those expenses that the mortgage loan entails and that it is responsible for assuming by legal imperative or by prior negotiation with the Lender.
3.2. SUPPLEMENTARY ACTIVITIES, PLATFORM SERVICES
My personal balance
In order to know what the real state of their finances is, the user will be able to find out what their personal balance is, that is, what is their assets. And by equity we mean not only your expenses and income, but also your assets (that is, what is the value of your material possessions) and your liabilities (what are the outstanding debts, such as a loan or a mortgage).
With all this information, the user will be able to know what their assets are in real time and see their evolution. And, in addition, you will be shown a series of ratios that will help you understand in detail what your financial situation is.
With the “My loans” service, the user will be able to know at a glance what the status of their loans or mortgages is, that is, how much they have paid and how much remains to be paid.
In addition, the user will be able to compare the interest rates that they currently have with the market average and thus know in which cases they could get better conditions to stop paying more for their financial products.
This service consists of finding out the “financial health” of the user. Your personal scoring is something like the medical check-up that indicates how your finances are, how they have evolved over the years and what credit risk profile you would have for a bank or, what is the same, how likely it is that grant you a mortgage, loan or any other financial product.
The user, in his client area, will be able to keep all his financial information safely and confidentially, which he will be able to access at any time and from anywhere. Your data will be encrypted and you will be able to check the history of each file and know when it has been consulted or forwarded.
In addition, this functionality will help the user to organize their documentation by categories and to always have it at hand in one place.
The Gibobs advisory team will provide an advisory service to obtain the best market conditions for the user and will help them make the decisions that take care of their financial health.
4. Information about the brokerage contract
4.1. Right of withdrawal
By virtue of the provisions of article 21 of Law 2/2009, the User may withdraw from the formalization of the mortgage loan intermediation contract without alleging just cause and without any penalty in the event that said withdrawal is made within the term maximum of fourteen (14) days from the date of formalization of the contract.
The User may contact GIBOBS to carry out the withdrawal exercise stipulated in the fourth section of these General Contracting Conditions, as well as to make any type of consultation through:
- Written to the postal address: Calle Las Norias 92, Block C, floor 0, Majadahonda.
- Written to the email firstname.lastname@example.org
4.2. Information on termination of the contract
The Parties may terminate the brokerage contract unilaterally in the following cases:
- For breach of the obligations assumed by the other Party and its failure to rectify within a maximum period of fifteen (15) days from the date of notification.
- Due to suspension or early termination of the activity of GIBOBS.
- Due to the extinction of the title of GIBOBS as a credit intermediary, thus making it impossible to provide Intermediation Services.
- In the event that the User does not receive any offer for a mortgage loan agreement by virtue of the credit valuation requests raised, the User will have the right to terminate the contractual relationship without any compensation.
4.3. Means of claim. Extrajudicial conflict resolution systems.
For any divergence that may arise from the interpretation or application of the contract, the parties will submit to the jurisdiction and competence of the Courts and Tribunals of the User’s domicile, expressly waiving any other jurisdiction that may correspond.
To file complaints regarding the use of our services, you can contact GIBOBS through the contact channels established in the previous section “Notifications”.
4.4. Language of formalization of the contract.
The language in which the contract may be formalized will be Spanish. Said language may be modified in the event that the User has been provided with the information prior to contracting in a language other than Spanish.
4.5. Applicable legislation.
The legislation applicable to the Intermediation Contract will be Spanish.
4.6. Processing of personal data.
In case of formalization of the intermediation contract, your personal data will be processed in accordance with the following indications:
Responsible for the treatment: GIBOBS S.L. with CIF number B88226725 and registered office at Calle Las Norias 92, Block C, floor 0, Majadahonda (Madrid). Telephone: 91 134 43 59, e-mail: email@example.com
Purpose of the treatment:
- Fulfillment and development of the contractual relationship with you due to the provision of mortgage credit intermediation services (advice, study of operations and search for the best mortgage) and accessory services that are described in detail in section 1. MAIN ACTIVITY of the present document.
- If requested, your data will also be processed for the provision of the additional services available on our platform and which are described in detail in section 2. SUPPLETARY ACTIVITIES, PLATFORM SERVICES of this document.
- Sending commercial communications about GIBOBS services, similar to those contracted.
Legitimation for the treatment:
- The main legal basis for the processing of your data is the execution of the brokerage contract.
- To carry out a query before the equity and credit solvency files owned by EQUIFAX in order to know if you present current credits and / or debts that may affect credit, we will request your express consent.
- For the sending of commercial communications, the legitimizing basis is the contractual relationship with you and the legitimate interest of GIBOBS in marketing actions.
The data requested by GIBOBS is necessary to carry out the aforementioned purposes, therefore, not providing them or providing them incorrectly, may make it impossible to provide the contracted services.
Your data will be kept during the entire contractual relationship with you and, even afterwards, during the legal terms that apply to you and until the expiration of the terms of the legal actions that may arise.
Recipients of international transfers and transfers:
- In case of authorization on your part, the financial solvency information files (CIRBE, ASNEF, EXPERIAN, EQUIFAX or others) will be consulted, which implies a communication of your data to said third parties.
- Your data will be communicated to the Lenders that you consider through the Platform in order to carry out a study of the mortgage credit valuation that they may offer and make available to you the offers of mortgage credits that said Lenders offered in accordance with the information provided.
- In case of accepting the offer by the User, the communication of data to lenders will have the purpose of managing the User’s contact with the latter.
These data communications are necessary for the fulfillment of the contractual relationship.
- If applicable, your identification data may be accessible by appraisal service providers.
- Additionally, the data may be communicated to the Public Administrations that have competence in the matter and to the Judges and Courts, in the cases provided by law.
Our data hosting service provider is Salesforce.com, Inc (United States), so your data may be the subject of an international transfer to said provider, with whom we have formalized the corresponding confidentiality and personal data treatment agreements.
Origin of the data:
Your identification data (name, surname and ID), as well as your contact information were obtained by the real estate agency to which the User gave consent for the transfer of their data to GIBOBS in order for us to contact you to offer you Intermediation Services. The rest of the personal data are provided by the User through the Platform.
Exercise of rights:
The User may exercise before GIBOBS the rights of access, rectification, deletion, opposition, limitation and the portability of their data, as well as unsubscribe from commercial communications by writing to the address indicated above. Likewise, you will have the right to file a claim with the Spanish Agency for Data Protection, www.aepd.es.