Disclaimer: This translation is provided for convenience only. The Spanish version is the only legally binding text and prevails in any dispute. The site is operated from Chile and governed by Chilean law.
1. Acceptance of Terms
These Terms and Conditions (the "Terms") govern access to and use of the website homenewenpropiedades.cl (the "Site") operated by [pendiente: razon social], taxpayer ID [pendiente: rut], with registered office at [pendiente: domicilio], Chile ("Home & Newen Propiedades", "the Brokerage", or "we").
1.1. Express acceptance. These Terms will only be enforceable against the User once the User has expressly accepted them by checking a designated box ("click-wrap"), after the full text has been made visible and accessible. Mere browsing or use of the Site does not constitute acceptance of these Terms with respect to any User who qualifies as a consumer under Chilean Law 19,496.
1.2. Record of consent. [pendiente: razon social] will automatically log: (i) date and time (UTC-3) of acceptance; (ii) IP address; (iii) browser user-agent; (iv) SHA-256 hash of the exact text accepted; (v) unique session identifier. This record will serve as evidence of consent and of the applicable version of the Terms, without prejudice to the User's right to challenge it under applicable law.
1.3. Integral documents. By accepting these Terms, the User also accepts the Privacy Policy and the Cookie Policy, which form an integral part of this instrument. If the User disagrees with any of these Terms, the User must refrain from using the Site.
2. Definitions
For the purposes of these Terms:
- Brokerage: [pendiente: razon social], provider of real-estate brokerage services.
- Site: the web portal available at homenewenpropiedades.cl and its subdomains.
- User: any individual or legal entity accessing the Site, whether as visitor, owner, buyer, tenant, landlord, or interested party.
- Client: the User who enters into a brokerage mandate with the Brokerage.
- Listing: property card or notice published on the Site.
- Property: the real estate subject of a Listing.
- Mandate: the brokerage assignment governed by articles 2116 et seq. of the Chilean Civil Code.
- Complementary Services: home services offered by third parties and referenced or intermediated through the Site (cleaning, moving, remodeling, appraisal, legal or tax advice, insurance, among others).
- Consumer: a User meeting the requirements of article 1 N° 1 of Law 19,496.
3. Purpose
The purpose of the Site is to:
(a) Display Listings of properties available for sale, lease, or exchange, managed by the Brokerage;
(b) Allow Users to request visits, appraisals, advice, and other brokerage services;
(c) Receive assignments from owners for the marketing of properties under a brokerage mandate;
(d) Provide referential access to Complementary Services for the home, provided by third parties.
3 bis. Right of withdrawal for complementary services
For Complementary Services contracted through the Site by electronic means, the Consumer User may exercise the right of withdrawal within 10 calendar days following the conclusion of the contract or the receipt of the service, without need to state a reason, in accordance with article 3 bis (b) of Law 19,496. Withdrawal may be exercised by writing to contacto@homenewenpropiedades.cl. The Brokerage will coordinate with the provider the refund of amounts paid within 10 days of withdrawal. This clause does not apply to services fully performed with the User's express consent before the 10-day period expires, nor to those expressly excluded by law.
4. Nature of the brokerage service
The Brokerage acts as a remunerated agent of its Clients, under articles 2116 et seq. of the Civil Code and according to Chilean real-estate brokerage practice.
4.1. No ownership. Unless a Listing expressly states otherwise, the Brokerage does not own the listed properties. Its role is limited to management, promotion, and bringing the parties together.
4.2. Registration. The Brokerage is registered under N° [pendiente: registro corredor]. Chilean law does not require a mandatory enabling registry for real-estate brokerage, subject to applicable sectoral rules, including Law 21,366.
4.3. Mandate without representation (general rule). The assignment granted by the Client to the Brokerage through the Site or its forms constitutes, as a general rule, a commercial mandate without representation under article 254 of the Commercial Code: the Brokerage acts on the Client's behalf but in its own name in intermediation, advertising, and contact activities. Representation to appear before a notary, receive funds on behalf of the Client, sign promises, or close the transaction requires a special mandate granted by public deed or private instrument with notarized signature, under article 2123 of the Civil Code. Acceptance of these Terms does not, by itself, grant representation.
4.4. Independence. The Brokerage does not guarantee the closing of intermediated transactions, since the final contract depends on the parties' will and on legal and commercial requirements being met.
5. Use of the Site
5.1. Capacity. The User declares to be over 18 years of age and to have full legal capacity to contract.
5.2. Account and password. To access certain features, the User may create an account. The information provided must be truthful, complete, and updated. The User is responsible for safeguarding access credentials and must immediately notify the Brokerage of any unauthorized use at contacto@homenewenpropiedades.cl.
5.3. Identification. For any act not requiring an advanced electronic signature under article 3 of Law 19,799, the User's identity will be verified by: (i) sworn declaration of national ID number and full name in the relevant form; (ii) email validation via double opt-in with a confirmation link valid for up to 24 hours; (iii) mobile phone validation by single-use OTP code; and (iv) for mandates, sale/lease assignments, or reservations, scanned copy of national ID (both sides). For mandates, promises, lease agreements, or any act involving the disposal of real estate, an advanced electronic signature or a handwritten signature before a notary will be required, pursuant to articles 1801 and 1554 of the Civil Code.
5.4. Expected conduct. The User undertakes to use the Site in accordance with law, morality, public order, and these Terms. The following is prohibited:
(a) Impersonating others or providing false information; (b) Breaching or attempting to breach the security of the Site, its servers, or databases; (c) Using the Site for unlawful, fraudulent, unfair-competition, or spam purposes; (d) Extracting, reproducing, or commercially exploiting Listings, photographs, or databases without written authorization; (e) Uploading content that infringes third-party rights or applicable regulations.
5.5. Accessibility. The Brokerage commits to maintaining accessible channels for persons with disabilities: (i) the Site will progressively comply with WCAG 2.1 AA guidelines; (ii) requests may be submitted in writing, by phone, WhatsApp, video call with sign-language interpreter (to be coordinated in advance), or in person at [pendiente: domicilio]; (iii) legal documents will be available in easy-read versions upon request to contacto@homenewenpropiedades.cl; (iv) response timelines will accommodate reasonable flexibility when the accessible channel requires prior coordination, without prejudice to the Data Subject.
6. Property listings
6.1. Referential nature. Listings contain referential information about properties, including prices, areas, location, characteristics, and photographs. The Brokerage makes reasonable efforts to keep the information up to date, but the data is subject to verification, correction, or modification without prior notice.
6.2. Not an offer. Listings constitute an invitation to offer under article 105 paragraph 2 of the Commercial Code, and are not a binding offer. The Brokerage and the owner reserve the right to modify, withdraw, or suspend any listing without prior notice, and to accept or reject any offer received. The User expressly waives the right to invoke prices or terms shown in previous versions of the Site, search-engine caches, screenshots, or other unofficial records; the price and terms of the corresponding promise or sale agreement will prevail in all cases.
6.3. Common discrepancies. The User acknowledges that, in the Chilean real-estate market, there are habitual differences between:
(a) Areas recorded with the Internal Revenue Service (SII) and actual usable, terrace, built, or land areas; (b) Cadastral records, plans, municipal final-acceptance certificates, and the physical reality of the property; (c) Reported and effective common expenses; (d) Debts, mortgages, prohibitions, or other encumbrances, which must be verified through the Real Estate Registry.
Final information must be verified through official certificates and legal review prior to signing any contract.
6.4. Verification. Users are advised to conduct any visits, technical inspections, and title studies they consider appropriate before making any decision.
6.5. Duty to provide proactive information. Notwithstanding the referential nature of the published values, the Brokerage undertakes to promptly correct or remove any listing for which it becomes aware of a material difference between the published value and the actual market, tax, or commercial value known to it. Exclusion clauses do not exempt the Brokerage from the duty of truthful and timely information under article 3(b) of Law 19,496, nor from liability for misleading advertising under article 28 of that law.
6.6. Appraisal. Published values, prices, rents, tax assessments, and estimates are exclusively referential and informative. They do not constitute commercial appraisal or expert report. Users wishing to make material economic decisions must commission a formal appraisal from an appraiser registered with the Financial Market Commission (CMF) or a qualified professional.
6.7. Condominium regime. For properties subject to Law 19,537 on Condominium Property, the Brokerage does not warrant or take responsibility for: (i) the exact amount of ordinary or extraordinary common expenses; (ii) the existence, amount, or use of the reserve fund; (iii) pending fines, interest, or charges; (iv) current or future Co-Owners' Assembly resolutions; (v) condominium bylaws and amendments; (vi) ongoing administrative or judicial proceedings against the community. The interested party must directly request from the administrator the certificate referred to in article 4 of Law 19,537 prior to signing any promise or deed.
7. Reservation, promise, and deed
7.1. The Site is not a contract. Accessing the Site, requesting information, scheduling visits, sending messages, or filling forms does not constitute a contract of sale, promise, lease, mandate, or reservation.
7.2. Reservation. A reservation or deposit on a property will only be valid through a written document signed by the User, the owner, and/or the Brokerage acting as representative, and subject to effective payment of the agreed amount.
7.3. Promise. The legally enforceable bond for future sales or leases is perfected through a Promise contract that must comply with article 1554 of the Civil Code.
7.4. Deed. Transfer of ownership is perfected under the Civil Code and the Real Estate Registry Law, by public deed and registration with the competent Conservator.
7.5. DFL-2. For properties under DFL N° 2 of 1959, the User acknowledges the applicable tax limits and benefits and the restrictions in force under that regulation.
8. Brokerage commissions
8.1. Right to commission. The Brokerage is entitled to a commission for its brokerage services, in accordance with Chilean market practice and the relevant mandate.
8.2. Referential rates. Unless otherwise expressly agreed in writing:
(a) Sale: the Brokerage may charge a commission to each party (buyer and seller) of up to [pendiente: comision venta] (referentially 2%) plus VAT. Charging commission to the buyer requires the buyer's prior, express, written acceptance, through a separate document delivered before the first visit or before any offer is made, stating the exact amount, calculation basis, and timing of payment. Without such document, the Brokerage is not entitled to charge commission to the buyer.
(b) Lease: same rule; commission to the tenant is only enforceable upon prior written acceptance, with a referential cap of [pendiente: comision arriendo] (referentially 50% of one month's rent) plus VAT.
(c) For residential properties subject to DFL 2 intended as primary residence, the commission to the tenant may not exceed the limits set by sectoral regulations in force at the time of the contract.
8.3. Accrual. The commission accrues when the Brokerage fulfills its assignment, i.e., when it achieves the effective introduction leading to the final contract, under article 2125 of the Civil Code.
8.4. Payment timing. The commission is paid at the time of signing the final contract, against the corresponding invoice.
8.5. Frustrated transaction by attributable cause. If the transaction is frustrated due to a cause attributable to the Client after effective introduction has been achieved, the Brokerage will be entitled to full payment of its commission.
8.6. Procuring cause.
(a) The right to commission requires the Brokerage to evidence cumulatively: (i) documented introduction of the interested party to the Client or of the property to the interested party (via written record, email, logged messaging, or signed visit form); and (ii) conclusion of the transaction between the introduced parties during the term of the assignment or within the protection period under section 9.
(b) For non-Consumer principals, once both points are evidenced, the Brokerage's intervention will be presumed to be the procuring cause, with the burden of proof to the contrary lying with the Client (article 1698 of the Civil Code).
(c) For Consumer principals, the burden of proof is governed by general rules and article 50 G of Law 19,496, without contractual presumptions to the consumer's detriment.
8.7. Form of payment. The Brokerage does not accept cash payments of any kind, including deposits, reservations, commissions, guarantees, or tips. All payments must be made by electronic transfer to the official bank account communicated in writing by the Brokerage, by nominative cashier's check, or by an electronic payment method enabled on the Site. The Brokerage's representatives are not authorized to receive personal payments. Any payment made outside official channels will be deemed not received by the Brokerage, will not extinguish the payer's obligation, and may constitute an indicator of a suspicious transaction reportable to the UAF.
9. Exclusivity mandate and terms
9.1. Exclusivity. Mandates may be granted with or without exclusivity. An exclusivity mandate means that, during its term, the Client undertakes not to assign the same property to other brokers nor to market it directly.
9.2. Term and renewal. The term of the mandate will be as agreed. Failing agreement, it will be 90 days. Tacit renewal for equal periods requires the Brokerage to notify the Client by email at least 30 calendar days before expiry, stating: (i) expiry date; (ii) automatic-renewal period; (iii) procedure to prevent renewal. The Client may prevent renewal by written notice to contacto@homenewenpropiedades.cl at least 7 calendar days before expiry. Absence of the Brokerage's prior notification will prevent tacit renewal.
9.3. Post-mandate transaction (Consumer Client). If, within 6 months following the end of the exclusivity mandate, the property is sold or leased to an interested party documentedly introduced by the Brokerage during the mandate, the Brokerage will be entitled to full commission.
9.4. Post-mandate transaction (non-Consumer Client). For professional principals, the protection period will be 12 months on the same terms.
10. Cancellation and waiver of the mandate
10.1. Revocation. The Client may revoke the mandate at any time, under article 2163 N° 3 of the Civil Code. If revocation is in bad faith, untimely, or after effective introduction leading to a contract within the protection period in section 9, the Brokerage will be entitled to the accrued commission and to compensation for actual damages.
10.2. Resignation. The Brokerage may resign from the mandate by giving written notice with reasonable advance time, under article 2167 of the Civil Code.
10.3. Penalty clause — Consumer Client. If the Consumer Client, during the term of the exclusivity mandate or within the 6 months following its termination, concludes the business with an interested party documentedly introduced by the Brokerage, the Client must pay a penalty equal to 100% of the commission that would have been earned. This penalty is single and compensatory (not cumulative with other damages, article 1542 of the Civil Code) and is subject to the judicial power of reduction under article 1544. The Consumer Client does not waive the benefits of article 1539 of the Civil Code.
10.4. Penalty clause — non-Consumer Client. For non-Consumer principals, the parties may expressly agree to: a 12-month protection period, a 100% penalty cumulative with proven damages (article 1543 CC), waiver of article 1539 CC benefits, and qualified rescission pact under article 1879 CC.
11. Intellectual property
11.1. Ownership. All content on the Site —including the commercial name "Home & Newen Propiedades", logos, trademarks, design, source code, texts, Listing descriptions, photographs, videos, virtual tours, plans, and databases— belongs to the Brokerage or to third parties that have authorized its use, and is protected by Law 17,336 on Intellectual Property and other applicable rules.
11.2. Limited license. The Brokerage grants the User a personal, free, non-transferable, revocable license to access the Site's content for personal, non-commercial purposes only.
11.3. Prohibitions. Total or partial reproduction, mass download, scraping, distribution, public communication, transformation, or commercial exploitation of Site content without the Brokerage's express written authorization is prohibited.
11.4. Client-contributed material. The Client who provides photographs, plans, or information for Listings declares to be the owner or to have sufficient authorization, and grants the Brokerage a non-exclusive, free license for the time necessary for marketing the property.
12. Limitation of liability
12.1. Scope. The Brokerage is responsible for the diligent performance of its obligations as agent under articles 1547 and 2129 of the Civil Code. Nothing in this section will be construed as an exemption of liability for willful misconduct or gross negligence, nor as a waiver of consumer rights under Law 19,496.
12.2. Third-party information. The Brokerage is not liable for:
(a) Errors or omissions in information provided by owners, building administrations, municipalities, conservators, or other third parties (including discrepancies between SII and usable areas, common expenses, prior debts, fines, final-acceptance certificates, pending regularizations); (b) Encumbrances, mortgages, prohibitions, or litigation not reported by the owner; (c) Physical condition, hidden defects, or technical conformity of the property.
12.3. Site availability. The Brokerage will make reasonable efforts to keep the Site available. It may suspend or interrupt the service for scheduled maintenance, force majeure, or fortuitous events, communicating to the User by reasonable means when the interruption affects ongoing transactions. This clause does not exempt the Brokerage from liability for willful misconduct or gross negligence, nor from non-waivable consumer rights under Law 19,496, including liability for direct damages effectively caused by attributable breach.
12.4. Complementary Services. Where the Brokerage acts as a mere referrer without receiving commission or controlling the third party's service, its liability is limited to the duty of diligence in selecting the referred third party. Where the Brokerage receives commission, commercial return, or any other consideration for the referral, it will assume joint liability with the provider toward the Consumer User under article 43 of Law 19,496, without prejudice to recourse actions.
12.5. Force majeure. Neither party will be liable for breach or delay arising from fortuitous events or force majeure under article 45 of the Civil Code, including: (i) cyberattacks (ransomware, DDoS, mass impersonation, credential compromise via third-party leaks); (ii) prolonged unavailability of third-party cloud infrastructure (Vercel, Supabase, AWS, Google Cloud, Cloudflare); (iii) interruptions of digital certification or advanced electronic signature services; (iv) administrative or judicial orders; (v) pandemics and health restrictions. For an event from the list to qualify as force majeure, it must also: (i) be unforeseeable; (ii) be irresistible and not reasonably mitigable by the Brokerage; (iii) not arise from negligence in selecting or supervising providers. Mere outage of a cloud provider will not automatically constitute force majeure. For Consumer Users, invoking force majeure will not exempt the Brokerage from returning consideration received and not delivered, nor from non-waivable rights under Law 19,496. The Brokerage will notify the Client within 48 hours of knowing the event. The foregoing does not exempt from data-breach notification duties under Laws 19,628 and 21,719.
12.6. Consumer rights. This clause is without prejudice to non-waivable rights granted to the User as a consumer under Law 19,496.
13. User warranties and obligations
The User warrants that:
(a) The information provided is truthful, accurate, and will be kept up to date; (b) The User does not impersonate others or use personal data without consent; (c) When declaring to be an owner or representative, the User has sufficient powers to grant the brokerage assignment; (d) The Brokerage may verify the identity and background provided; (e) Visits, offers, and steps requested are made in good faith with genuine intent.
14. Rules applicable to leases
14.1. Law 21,461. Lease agreements intermediated by the Brokerage will comply with Law 21,461 "Devuelveme mi casa", including the option to incorporate conciliation hearing and eviction clauses.
14.2. Information to tenant. The Tenant User is entitled to know, before signing, the essential terms of the contract: rent amount, adjustment, guarantees, common expenses, fines, and duration.
14.3. Guarantees. Management of guarantees (one-month deposit, surety, solidary co-debtor) will be governed by the lease contract. The Brokerage will not receive the one-month guarantee in its account unless under a specific written mandate to act as depositary, in which case: (i) the amount will be kept in a separate, identifiable account; (ii) the Brokerage will render documented account; (iii) restitution will strictly follow the lease contract and article 5 of Law 18,101. The Brokerage may not retain the guarantee to collect unpaid commissions, except with express subsequent authorization of landlord and tenant.
15. Account suspension and termination
15.1. Grounds. The Brokerage may suspend or cancel the User's account, with notice when reasonably possible, in case of:
(a) Breach of these Terms; (b) Fraudulent, unlawful, or abusive use; (c) Provision of false information; (d) Order of competent authority.
15.2. AML-related suspension. As an obligated subject under article 3 of Law 19,913, the Brokerage may immediately suspend, without prior notice, any transaction, assignment, mandate, or listing when it detects indicators of: (i) suspicious or unusual transactions; (ii) unaccredited origin of funds; (iii) politically exposed persons (PEPs) without enhanced due diligence; (iv) transactions exceeding the cash thresholds of article 5 of Law 19,913. In such cases it will file a Suspicious Transaction Report (ROS) with the UAF and will refrain from informing the Client, per the duty of confidentiality of article 6 of that law. The Client releases the Brokerage from liability for such suspension, except when willful misconduct or gross negligence by the Brokerage is proven in assessing the indicators or fulfilling its Law 19,913 obligations. This release does not encompass non-waivable rights of the Consumer User.
15.3. Effects. Termination does not affect obligations accrued up to that date. The User may request voluntary closure of the account by emailing contacto@homenewenpropiedades.cl.
15.4. Data retention. Upon closure, the Brokerage will retain the User's data for the legally required period and as per the Privacy Policy.
16. Conflicts of interest and parallel transactions
The Brokerage undertakes to: (i) not use confidential information to acquire properties for itself, its partners, managers, executives, spouses, civil partners, or relatives up to the fourth degree of consanguinity or second of affinity, without prior written disclosure to the principal and express authorization; (ii) not reveal to one interested party the exact amount of another interested party's competing offer without owner authorization; (iii) not participate in auctions or accelerated closings regarding properties whose appraisal or confidential information it knows by its services, absent prior disclosure. Breach entitles the principal to terminate the contract by operation of law and seek full damages.
17. Personal data protection
Processing of the User's personal data is governed by the Privacy Policy published on the Site, in compliance with Law 19,628 and, upon entry into force, Law 21,719.
The User may exercise rights of access, rectification, cancellation, opposition, portability, and blocking by writing to legal@homenewenpropiedades.cl.
18. Cookies
The Site uses cookies and similar technologies under the published Cookie Policy, observing SUBTEL guidelines. The User may manage preferences from the cookie banner or browser settings.
19. Amendments to the Terms
19.1. The Brokerage may amend these Terms for legal, regulatory, technological, or operational reasons. Substantial amendments (affecting price, commission, data-processing purposes, essential terms, termination mechanisms, or jurisdiction) will be communicated to the User at the registered email at least 30 calendar days in advance and will require new express acceptance via click-wrap. Until the User accepts, the Terms in force at the time of the User's last acceptance will continue to apply. If the User rejects substantial amendments, the User may terminate the relationship at no cost and retain accrued rights.
19.2. Non-substantial amendments (typographical corrections, contact-data updates, drafting improvements) will be published on the Site with their effective date.
19.3. Amendments will not affect mandates, contracts, or reservations already concluded.
20. Governing law and jurisdiction
20.1. Governing law. These Terms are governed by the laws of the Republic of Chile.
20.2. Jurisdiction (non-Consumers). Disputes between the Brokerage and a Client who is not a Consumer will be submitted to the ordinary courts of justice in the city of Santiago, without prejudice to the parties' right to mediation or arbitration by mutual written agreement after the dispute arises (Arbitration and Mediation Center of the Santiago Chamber of Commerce — CAM Santiago).
20.3. Consumers. For Users qualifying as Consumers under Law 19,496, jurisdiction will lie with the Local Police Court (JPL) of the consumer's domicile or, at the consumer's election, the JPL of the commune where the property is located, under article 50 A of that law. This jurisdiction is non-waivable for the consumer and prevails over any other stipulation.
21. Prevalence of the Spanish language
These Terms are originally drafted in Spanish, which is the official language for all legal and interpretive purposes. Versions in other languages (English, Portuguese, or others) are courtesy translations. In case of discrepancy, contradiction, or interpretive doubt, the Spanish text will always prevail.
Where the Brokerage intermediates transactions with non-residents who do not master Spanish, it will at least provide an informative English-language summary of the essential obligations (price, commission, term, jurisdiction) and record its delivery before signing.
22. Notices
22.1. To the User. Notices from the Brokerage to the User will be deemed validly served to the email registered in the User's account or contact form.
22.2. To the Brokerage. The User will direct notices, claims, or inquiries to contacto@homenewenpropiedades.cl; legal communications to legal@homenewenpropiedades.cl.
22.3. Updating. It is the User's responsibility to keep the email up to date. For operational or promotional communications, notices sent to the registered email will be deemed valid. However, for essential communications (substantial amendments, charges, account suspension, termination, or responses to rights requests), the Brokerage must use at least two independent channels (email + SMS/WhatsApp or call) and keep evidence of dispatch and, where technically feasible, of receipt. Mere lack of email update will not release the Brokerage from the duty of effective communication in these matters.
23. Claims and SERNAC
Without prejudice to internal customer-service channels, the Consumer User may file claims with the National Consumer Service (SERNAC) at www.sernac.cl, under Law 19,496.
The Brokerage will respond to formal claims within reasonable timelines and, in any case, within the timelines required by applicable law.
24. Partial nullity (severability)
If any provision of these Terms is declared null, ineffective, or unenforceable by a final judgment of a competent court or by SERNAC resolution, such declaration will affect only that specific provision, with the rest remaining in full force. The parties undertake to replace the affected clause with one that, complying with law, most closely reflects the original intent, without the replacement aggravating consumer obligations under article 16 of Law 19,496. The Brokerage may not invoke partial nullity to escape essential obligations of the contract that have already produced effects in favor of the Client.
25. Contact details
- Corporate name: [pendiente: razon social]
- Taxpayer ID (RUT): [pendiente: rut]
- Address: [pendiente: domicilio], Chile
- General contact email: contacto@homenewenpropiedades.cl
- Legal email: legal@homenewenpropiedades.cl
- Phone: +56 9 1234 5678
- Website: homenewenpropiedades.cl
- Registration: [pendiente: registro corredor]
Last updated: June 2026.