Pre-contractual Information

In order to comply with the provisions of Article 20 of Law 2/2009, of March 31, which regulates the contracting with consumers of mortgage loans or credits and intermediation services for the conclusion of loan or credit contracts, the following pre-contractual information is made available to THE CUSTOMERS of Barcelona Mortgage Servicing, SL (hereinafter BMS):

1. AS TO THE COMPANY:

  • Denomination: Barcelona Mortgage Servicing, SL.
  • CIF: B-66694027
  • Address: c/ Muntaner, 200, 3-5, 08036 Barcelona
  • Contact: Phone: 93.100.23.42 / Email: info@barcelonams.es / Web: www.barcelonams.es
  • CR Policy: EXSEL Underwriting Agency SL- Lloyd’sInsurance Company / Policy BNE2019908271 / Limit 460.000,00.-€ per claim, 750.000,00.-€ per year.
  • Registration in the Registry of Real Estate Credit Intermediaries of the Bank of Spain: nº D029.
  • State Register of Intermediary Companies: nº607/2016 of the second section.

More company information.

2. IN TERMS OF THE INTERMEDIATION SERVICE OFFERED:

Characteristics of the Service. BMS will provide financial intermediation services without exclusivity with any credit or financing entity, in such a way that, upon request of the interested party, it will study the specific financing needs to go to the market in search of a financing solution through individuals or legal entities that grant a loan/credit with mortgage guarantee, providing the interested party with various simulations of the amortization tables according to the most appropriate amortization system or chosen by the Client. The Client will be provided with the necessary information prior to the signing of the financing contract by obtaining the required documentation from the financing entity/person. BMS is not the financier of the loan, but its competences are limited to the intermediation between borrower and lender.

The Client is obliged to inform BMS in a reliable manner of any doubts regarding the financing contract, as well as the specific clauses of the financing contract that he/she wishes to negotiate individually with the lender.

Price: The fees shall be of a fixed nature and shall accrue from the moment the financing contract is formalized. Notwithstanding the foregoing, BMS shall be entitled to charge 80% of the fixed fees agreed for intermediation when, having obtained one or more binding offers of financing that meets the characteristics demanded in the financing request, the loan has not been formalized for reasons attributable to the Client. BMS does not receive any remuneration from the lender as a result of the formalization of the loan.

BMS’s fees shall be as follows:

  • Mediation in obtaining consumer loans:
    A maximum of 5% of the capital granted with a minimum of 600 €.
  • Mediation in obtaining mortgage loans with banks:
    Between 3% and 6% of the capital granted, with a minimum of €2,500.
  • Mediation in obtaining mortgage loans with private capital:
    Between 3% and 20% of the capital granted, with a minimum of €2,500.
  • Restructuring of the Corporate Banking Pool:
    Between 0.50% and 5% of the capital, with a minimum of €5,000.

Fees, Charges and Expenses. Obtaining the financing required by the interested party generates or may generate a series of commissions and/or expenses that are completely unrelated to the remuneration derived from the intermediation service, such as appraisals, opening commission, as well as those others that may result from the cancellation of previous charges, which will be invoiced by the corresponding entities or persons.

Taxes: The amount invoiced for financial intermediation is exempt from VAT.

Method of Payment: The payment of the intermediation fees shall be made by bank transfer or nominative bank check in favor of the company, and the corresponding invoice shall be sent after the collection of the fees.

In case of Loan Grouping: In the event that the financial intermediary advises the grouping of loans or credits into a single one, the annual percentage rate of charge and the essential characteristics of the proposed loan or credit and its comparison with the loans or credits proposed to be grouped shall be reported. The comparison shall also take into account all fees and commissions for the intermediation service and all fees and commissions of the proposed loan or credit agreement.

3. AS TO THE INTERMEDIATION CONTRACT:

Right of withdrawal: THE CUSTOMER has the right to withdraw from the brokerage contract by means of reliable communication to BMS as long as the requested transaction has not been formalized and the period of 14 days from the signing of the contract has not elapsed, without the need to allege any cause and without any cost to the CUSTOMER. Therefore, with no other costs than those incurred and duly accredited, with the breakdown presented in the pre-contractual information. You can fill in the form here. Once completed, you must send it by mail or certified email to info@barcelonams.es.

Right of Early Termination of the Contract: The contract may be terminated in advance and unilaterally by whoever, having fulfilled the agreed obligations, alleges the serious and essential breach of the obligations of the counterparty and provided that it has been granted a reasonable period for compliance with the requirements, all in accordance with the regulations that apply.

Other rights of termination: Any right, other than those contemplated in the two previous points, that the parties may have to terminate the contract early or unilaterally in accordance with the applicable legislation and the terms of the contract, including any compensation that the contract may contain in such a case.

Right to the general contracting conditions: BMS has at the disposal of the interested party the general contracting conditions free of charge through the remission of a written contract where the typical contractual terms are included and without this implying the obligation to contract by the interested party.

Means of Complaint. The BMS entity has a protocol for complaints and claims that is delivered to its clients in which the procedure to make out-of-court claims as well as the means to carry them out are set out.

The entity Barcelona MS, has a protocol of complaints and claims that is delivered to its clients in which the procedure to carry out extrajudicial claims is exposed, as well as the means to carry out the same.

  1. Who can make a complaint: Those involved in any financial intermediation contract signed with Barcelona MS.
  2. How to complain: The claim or complaint must be signed and sent to the Barcelona MS complaints address by post (c/Muntaner 200, 3º, 5ª -08036- Barcelona) or by e-mail to the following address: info@barcelonams.es, in accordance with the provisions of Law 59/2003 of 19 December on Electronic Signature, which can also be used for any clarification or additional queries relating to the same or by calling the customer service telephone number: 93-100.23.42. The claim or complaint must be made in writing and must include your personal data, address and the facts that justify your claim.
  3. Minimum content of the complaint: You must present your complaint accompanied by all the documentation that accredits the allegations made in your interest. You must necessarily accompany your national identity card or specific power of attorney for such management with the specific indication of the details of the financial intermediation contract signed with Barcelona MS. In the event that a claim has been made without attaching and identifying all the documentation necessary for its response, Barcelona MS reserves the right to file the file open for lack of documentation one month after the filing of the claim without the customer having provided the additional documents requested by Barcelona MS and that may be necessary to resolve the claim made.
  4. How we resolve your claim: Barcelona MS will acknowledge receipt of your claims and complaints and will analyze them with the competent staff for analysis and resolution. Barcelona MS will resolve your claim or complaint within one month. For the purposes of calculating this period, the start of this will be the time at which the complaint or claim is submitted, regardless of the fact that the calculation can be interrupted if it has not been submitted correctly, in the latter case, the calculation of the period started at the time will be resumed. The decision shall be binding on the real estate credit intermediary.
    BMS will forward the resolution of the complaint or claim by the same means by which it was filed. Once your complaint or claim has been rejected or the maximum period for resolution has elapsed, you may file your complaint, within a maximum period of one year from the date of filing the complaint (not from the resolution of the same), before the entity for the resolution of consumer disputes in the financial sector, referred to in the first additional provision of Law 7/2017 of November 2, which transposes into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013.
    Until the entry into force of the Law provided for in the first additional provision of Law 7/2017 of November 2, it will be the Bank of Spain’s claims service, regulated in article 30 of Law 44/2002 of November 22 on Financial System Reform Measures.
    Complaints Service of the Bank of Spain
    C/ Alcalá, 48, 28014 Madrid
    Telephone: 91-338.65.30
    Web: www.bde.es

Language: Pre-contractual and contractual information shall be provided in Spanish language and may be translated into the language desired by the Client in case of lack of understanding, bearing in mind that the cost of the requested translation shall be borne by the applicant.

Legislation applicable to the contract. Law 5/2019, of March 15, 2009, regulating real estate credit agreements, is applicable.

Royal Decree 309/20019, of April 26th , partially implementing Law 5/2019, of March 15th , regulating real estate credit agreements and adopting other measures in financial matters.

Law 2/2009 of March 31, 2009, which regulates the contracting with consumers of mortgage loans or credits and intermediation services for the conclusion of loan or credit contracts.

Royal Decree 106/2011 of January 28, which creates and regulates the state registry of companies provided for in the aforementioned law.

Royal Legislative Decree 1/2007 of November 16, 2007, approving the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary regulations.