In compliance with article 35 of Law 15/2019, of March 15, 2009, regulating real estate credit contracts (hereinafter, LCCI), the company EV FINANCE SPAIN, S.L.U (hereinafter, EV FINANCE) hereby informs the USER, that is, the person interested in the services provided by EV FINANCE, of all the requirements set forth in said regulation in due time:
1.- THE PROVIDER'S purpose is to provide the service of REAL ESTATE CREDIT INTERMEDIATION in accordance with the provisions of the LCCI for the execution of loan contracts granted by individuals or legal entities that carry out such activity in a professional manner, when the borrower (person who receives the money on loan or credit), the guarantor or guarantor (guarantors) is a natural person and such contract is for the purpose of such contract:
a) The granting of loans with mortgage guarantee or other real right of guarantee on a property for residential use, as well as those elements such as storage rooms, garages, and any others that, without constituting a dwelling as such, fulfill a domestic function.
b) The granting of loans for the purpose of acquiring or retaining property rights on land or real estate constructed or to be constructed.
2.- Real estate credit intermediation is understood to be:
The bringing into contact, directly or indirectly, of a natural person with a lender (person or company granting the financing) and the performance, in addition, of any of the following functions with respect to loan contracts:
a. Present or offer such loan agreements to borrowers.
b. Assisting borrowers by carrying out pre-contractual or other pre-contractual procedures with respect to such loan agreements.
3.- In order that THE USER may verify compliance with the registration of EV FINANCE as a Real Estate Credit Intermediary duly registered with the Bank of Spain and accredited to operate in the market, it is hereby informed that said database of the regulator may be accessed at the following link:
https://app.bde.es/rbe_spa/#/buscador
4.- This pre-contractual information, prior to any contract or obligation between the parties, is intended to help the USER to get to know EV FINANCE and the mortgage services it offers, before making any contracting decision.
5- If EV FINANCE were to offer, in addition to the intermediation services indicated in the previous point, mortgage advisory services, the express conditions of the service will be agreed in a specific advisory contract, as provided for in Article 3 of Royal Decree 309/2019, of 26 April .
EV FINANCE informs that it is not tied to one or several credit institutions or non-credit lenders. This allows it to operate independently of the interests of lenders, seeking the optimal financing for clients.
7.- The services rendered by EV FINANCE which are specified in the second clause and, in addition, the study of the economic profile, financing needs, documentary analysis, orientation in relation to the mortgage process and negotiation with financial institutions are free of charge for THE CLIENT resident in Spain. On the other hand, and given their complexity, the operations of non-resident clients in Spain will be remunerated with a minimum of 0.50% and a maximum of 0.85% of the amount financed.
These fees will be paid when EV FINANCE presents the European Standardized Information Sheet (hereinafter referred to as FEIN), i.e. the binding offer with the loan conditions that may be signed, to the USER and accepted by the USER.
Said fees will be charged regardless of the result of the operation, since the services provided by EV FINANCE are not of result, but of means. Thus, if the USER finally decides not to go to the Notary's office to sign the loan obtained by the PROVIDER through the FEIN, this does not exempt him from the payment of the fees provided for in this contract.
Likewise, if the USER decides not to sign the FEIN presented by EV FINANCE, but ends up signing the mortgage loan transaction as a consequence of the professional services rendered by EV FINANCE, such commission will accrue and must be paid.
8.- Likewise, for the sake of total transparency, we inform you that it is possible that EV FINANCE may also receive commissions from third party entities with which it may collaborate within the framework of providing the service to the client, such as the credit institutions themselves. These commissions will not be deducted from the fees that may be charged to the USER and will be duly informed in the intermediation contract signed with the USER.
9.- During the processing of the loan or credit with mortgage guarantee it may be necessary to contract other services, such as the appropriate bank appraisal or the issuance of a simple note from the land registry, prior to the issuance of the FEIN by the financial institutions. These services and fees are totally independent from EV FINANCE and must be paid by the USER.
10.- If the USER decides to sign the mandatory intermediation contract with EV FINANCE, he/she has the right of withdrawal of fourteen (14) calendar days from the formalization of the same, as provided for in article 20.1 of Law 2/2009, of 31 March , without the need to allege any cause and without having to bear any penalty. In other words, if for any reason the EV FINANCE service is not of interest to you within this period, you may cancel the professional assignment free of charge.
In order to enforce the right of withdrawal, the customer may send, at his choice, either a letter addressed to our address at Calle Génova, nº 27, 5th floor, Madrid CP 28004, or an e-mail to the following address: info@ev-finance.es.
EV FINANCE may terminate the contract once it has ascertained the impossibility of finding a solution on the market that meets the client's requirements within a period of more than THIRTY (30) DAYS. In order to exercise this contractual termination, EV FINANCE will send the USER the appropriate individual communication to the address or e-mail address provided by the USER.
EV FINANCE informs that it has the appropriate internal mechanisms to resolve all those extrajudicial claims and complaints that the USERS may wish to make. Claims may be presented, by means of a durable medium, to EV FINANCE by sending an e-mail to reclamaciones@ev-finance.es or by sending a letter by post to the address located at calle Génova 27, 5th floor, 28004, Madrid. In the event that E&VFS has establishments open to the public, claims may also be submitted in person at any of them.
These claims will be resolved within a maximum period of one month, in a reasoned manner and on a durable medium by EV FINANCE to the USER. However, if the identity of the claimant is not sufficiently accredited, or if the facts which are the subject of the claim cannot be clearly established, the claimant will be requested to complete the documentation submitted within ten calendar days.
Said period shall not be included in the computation of the period for resolving the claim.
13.- To the intermediation contract will be applicable the LCCI, as well as in a supplementary way the Law 2/2009 , of March 31. In addition, the Revised Text of the General Law of Consumers and Users, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users shall apply.
14.- For the resolution of any doubt or divergence that may arise in the interpretation or effectiveness of the intermediation contract and that could not be resolved out of court between the parties, the parties may choose the Jurisdiction of the Courts or go to the Consumer Arbitration.
15.- In compliance with the Organic Law 3/2018 , of December 5, on Personal Data Protection and guarantee of digital rights, the USER is informed that their personal data may be processed by EV FINANCE as the party responsible for the processing of the data transferred.
The purpose of the processing of such data is the management and processing of professional services related to the brokerage contract, including the management of the mortgage file and related services.
The USER's personal data will be kept indefinitely as long as their deletion is not requested. The USER expressly authorizes EV FINANCE to transfer the data provided in the following document and any information and documentation provided by any other means in relation to the object of this contract to the following companies, entities and persons: consultants associated with EV FINANCE, representatives appointed by the intermediary, lawyers, economists and collaborating professionals necessary for the achievement of the object of this contract, as well as to the different real estate lenders, appraisal companies and insurance brokers with which EV FINANCE collaborates.
The USER has the right to be informed of the persons and organizations to whom his/her data has been transferred.
EV FINANCE will at all times implement the security and privacy measures necessary to protect your personal data. EV FINANCE will extend this duty of confidentiality to all its employees, collaborators and/or subcontractors, undertaking to adopt all necessary measures to guarantee strict compliance with the present confidentiality agreement, which will survive, even after the end of the present contractual relationship.
The USER may exercise the rights provided for in articles 12 and following of the Data Protection Law, i.e. the rights of access (to know which personal data of the USER is held by the data controller), rectification (if he/she considers his/her data to be inaccurate or incomplete), deletion (cancellation of the data if the purpose for which it was processed no longer exists or when consent is revoked) and portability of your data (right to receive your data in a structured, commonly used format), to limit and oppose its processing, as well as not to be subject to decisions based solely on automated processing of your data, where appropriate, before the data controller whose data appear at the beginning of this contract.
EV FINANCE SPAIN, S.L.U.
CIF B44717056
C/ Génova, nº 27, 5º PL. CP 28004 Madrid
Email: Info@ev-finance.es
Contact person: Luis Fernández
Additional information:
For more information regarding the information necessary to contract a mortgage loan for the purchase of a home and its conceptual and practical aspects, please consult the website of the Bank of Spain:
Date information updated: July 12, 2024.
Address
EV Finance Spain SL Genova 27, 5th floor 28004 Madrid, Spain
Further information