Refund & Cancellation Policy

Refund & Cancellation Policy

BUYENJOY · PLATFORM LEGAL DOCUMENT

Refund & Cancellation Policy

When and how deposits are refunded

This Policy governs refunds and cancellations of escrow deposits. The Buyer accepts it with an electronic signature; BuyEnjoy records the acceptance with IP address and timestamp as dispute evidence. A transaction’s funds are held by an independent escrow agent on the fiduciary rail, as described in the Escrow Deposit Terms (document 06). The Buyer first funds the earnest deposit together with the Buyer’s platform technology and access fee; the balance of the price — the price less the earnest deposit, with no surcharge — is funded before signing, and the earnest deposit is applied to the price. The funds are released in two stages: Release 1, on execution of the deed (the signing tranche), and Release 2, on inscription of title (the inscription tranche). This Policy states which funds, and which release, each rule operates on.

I. Right of Withdrawal: Eight Business Days

Within eight (8) business days after the Settlement Statement is accepted and the Platform validates the earnest deposit, the Buyer may withdraw, under article 40 of Costa Rica Law 7472. The earnest deposit is refunded in full, with no deduction: BuyEnjoy bears any third-party payment-gateway fee, the bank cost of the refund and the escrow agent’s fee and any cancellation charge of its escrow contract. Business days run Monday to Friday, excluding the statutory holidays of the country of the property, and the period ends at the close of the eighth business day. No administrative fee applies. No notarial work has been performed at that point, so no cancellation fee and no notary's fee arises. The Buyer’s one percent (1%) platform technology fee is refunded with it; Section VI states the rule in full. Where the balance of the price has already been funded it is refunded to the Buyer in full.

II. 15-Day Due-Diligence Refund

If, within the fifteen (15) day due-diligence window, the Buyer documents a material defect (for example, a title problem or an undisclosed encumbrance), the transaction is unwound. The earnest deposit and the technology fee are refunded to the Buyer in full. The assigned notary’s fee for the work actually performed, where the notary had begun its study, is owed by the Seller, at no more than the official schedule, and paid directly against the notary’s invoice; nothing is deducted from the deposit for it or for an appraisal. Release 1 has not occurred at this stage, so no transfer tax, stamp duty or registry fee has been paid and none is deducted; where the balance of the price has been funded it is refunded to the Buyer in full. Catalog services the Buyer ordered and that have already been performed are paid to BuyEnjoy outside the escrow and are not refunded, on the terms of the Catalog Services and Merchant-of-Record Terms (document 27). BuyEnjoy bears the bank cost of the refund.

III. Voluntary Withdrawal After Clearance

If the Buyer voluntarily withdraws after due diligence has cleared and the transaction is ready to close, the Buyer forfeits at most five percent (5%) of the agreed purchase price as liquidated damages. Where the earnest deposit exceeds that amount — the reference deposit is ten percent (10%) of the price — the excess is refunded to the Buyer in full. The retained amount is distributed along the cancellation waterfall committed before the earnest deposit was funded — not improvised after the event, and never taken out of the signing tranche. The waterfall is the same whether or not an agent is engaged on the transaction, and it is shown to the Buyer, in amounts, before the deposit is made.

First, the assigned notary's fee for the work actually performed, at no more than the official schedule for the stage the file had reached and only against its invoice; without an invoice, that amount stays with the holder for thirty (30) days and is then released as if no notary's fee were due. Then, the remainder belongs to the Seller, who instructs the holder to pay BuyEnjoy out of it a cancellation fee for the platform services used of thirty percent (30%) of that remainder, so that the Seller receives seventy percent (70%).

Where an agent is engaged, the division is the same: seventy percent (70%) of the remainder to the Seller and the thirty percent (30%) cancellation fee to BuyEnjoy, which pays its field agent out of its own fees, through its own payout runs — the agent is not a claimant to the deposit and no line of the escrow is payable to it. The waterfall is computed for the transaction and disclosed before the deposit is made.

In either case the notary receives from the retained amount only its fee for the work actually performed, capped by the official schedule and paid against its invoice, and no percentage of the retained amount. Where the balance of the price has already been funded it is refunded to the Buyer in full: no deed has been executed and no inscription can occur, so neither the notary’s professional fee nor the Seller’s platform fee has accrued.

IV. Seller Withdrawal

Where the Seller withdraws, the Buyer recovers the earnest deposit and the technology fee in full, BuyEnjoy bears the bank cost of the refund, and the assigned notary’s fee for the work actually performed, if the notary had opened its study of the file, is owed by the Seller, at no more than the official schedule, and paid directly against the notary’s invoice; until it is paid, the Seller may not publish a listing or sign a purchase agreement on the Platform. Where the parties end the transaction by mutual agreement, no penalty applies and the Buyer recovers the earnest deposit and the technology fee less only the assigned notary’s fee for the work actually performed, if the notary had opened its study of the file, at no more than the official schedule and only against its invoice, and the appraiser’s fee, against its invoice, only if an appraisal was contracted; BuyEnjoy bears the bank cost of the refund. BuyEnjoy makes no automatic charge to the Seller. A Seller’s withdrawal is recorded with its stated reason; on the third withdrawal within twelve (12) months, the listing is removed from public view for eight (8) days and then returns on its own; it may give rise to a withdrawal fee of US$200 that is never automatic — an administrator decides whether to apply or waive it in light of the stated reason, and if applied it is collected only by set-off against the settlement of a future closing of the same Seller and is never enforceable as a standalone debt. Before the third withdrawal, BuyEnjoy only writes to the Seller. An ending by mutual agreement is without fault and carries none of these consequences.

Where the balance of the price had been funded, it is refunded in full to the Buyer. The Seller’s liability toward the Buyer for withdrawing is governed by the purchase agreement and is not settled by the escrow holder.

IV-bis. Ended by Mutual Agreement

Before the earnest deposit is constituted, ending by mutual agreement carries no charge. One party’s proposal takes effect upon the other’s acceptance within the disclosed period.

The escrow agent’s fee in a cancellation. The escrow agent’s fee and any cancellation charge of its escrow contract are shown in the settlement statement for each outcome. In a cancellation without fault of the Buyer — a withdrawal within the right-of-withdrawal period, a due-diligence defect, a Seller withdrawal or a definitive failure of inscription not attributable to the Buyer — BuyEnjoy pays them directly to the escrow agent and nothing is deducted from the earnest deposit. On a Buyer withdrawal after clearance they are paid from the retained amount before it is divided; on a termination by mutual agreement they are deducted from the refund in the same way as the notary’s fee.

V. Definitive Failure of Inscription

Where the deed has been executed and the signing tranche released, but the Registry definitively refuses inscription, neither the Seller’s platform fee nor the Buyer’s technology fee is collected, the notary’s fee follows the cause of the failure as set out in this Policy, and the rest of the inscription tranche is refunded to the Buyer. The Seller’s platform fee accrues only against an inscribed title; its refund is the consequence of that condition not being met. A correctable objection is not a definitive refusal: the notary cures and re-presents, the presentation slip preserves priority, and the tranche remains in escrow. Amounts already released in the signing tranche — including the Seller’s net proceeds and the transfer taxes and stamps already remitted to the State — cannot be reversed by the escrow holder; the Buyer’s recourse for those amounts lies against the Seller, the notary, or a title insurer, as set out in the Escrow Pre-Inscription Release Waiver (document 11).

The notary’s fee where inscription fails. Where inscription definitively fails, neither the Seller’s platform fee nor the Buyer’s technology fee is collected, and the notary’s professional fee held in the inscription tranche follows the cause of the failure, as agreed by the parties or, failing agreement, as determined in the forum named in Section VII of the purchase agreement: where the failure is attributable to the notary, no fee is due for the failed act and that amount is returned to the Buyer; where it is attributable to the Seller, the holder pays the notary for the work actually performed, under the official schedule, and the Seller owes that amount to the Buyer; where it is attributable to the Buyer, or to neither party nor the notary, the holder pays the notary and the Buyer bears it as the notary’s client; and while the cause is disputed, the amount stays in escrow. Where the parties agree that the notary caused the failure, the notary is given notice and five (5) business days to object; if it objects, the fee stays in escrow until the forum decides. The rest of the inscription tranche is returned to the Buyer. If the Seller’s platform fee had already been released, BuyEnjoy refunds it to the Seller and recovers its field agent’s share under the agent’s restitution undertaking. BuyEnjoy pays no part of the notary’s fee and does not decide the cause.

VI. The Buyer’s Technology Fee

The Buyer’s platform technology and access fee is one percent (1%) of the earnest deposit — not of the purchase price — computed on a deposit of no more than ten percent (10%) of the price, so that a larger deposit does not increase the fee. It enters custody with the earnest deposit and is earned only when the transfer is inscribed in the Registry: the holder pays it to BuyEnjoy as its own line of Release 2. It is the Buyer’s only platform fee. It is refunded to the Buyer in full in every outcome in which the transfer is not inscribed: a withdrawal within eight (8) business days after the Settlement Statement is accepted and the Platform validates the deposit, a due-diligence unwind, a forfeiture, a Seller withdrawal, a mutual ending, an abandoned transaction or a failed inscription. It is not charged where no deposit was ever constituted. In a forfeiture, BuyEnjoy’s economics are its share of the forfeited deposit under Section III, and nothing else. The Seller’s platform fee is a different fee: it is a percentage of the final sale price, is a line of Release 2 (the inscription tranche), accrues only against an inscribed title, and is returned with that tranche to the Buyer where the Registry definitively refuses inscription.

VII. Buyer Self-Recovery

Independently of this Policy, if a release has not occurred by the deadline disclosed for it in the settlement statement, the holder returns the funds that remain unreleased to the Buyer on the Buyer’s sole written demand, made in any signed writing delivered to the holder directly or through the request the Platform generates, without any instruction or cooperation from BuyEnjoy or the Seller, and even while a dispute is open. Once a recorded cancellation event (Fiduciary Escrow Rail Terms, document 29, Section VI) has been delivered to the holder, the earnest deposit follows the cancellation waterfall committed before funding and is not subject to self-recovery; where none has been delivered and the deadline has passed, the Buyer may recover it. Self-recovery is a safeguard against a stalled transaction, not a right of withdrawal, and does not by itself settle amounts owed to a party who has already performed. Once the deed has been presented to the Registry, the funds of the inscription-tranche lines remain in the file until the registry certification or a final refusal of inscription; their deadline runs from presentation and is extended while a defect noted by the Registry is being cured, and the Buyer may not recover them in the meantime. Any amount returned to the Buyer, by self-recovery or otherwise, is paid to the account the funds came from.

VII-bis. Showings, Remote Exploration and Catalog Services

The showing deposit is refunded in full if the Platform cannot assign an agent before the requested date or the agent cancels the showing. A remote-exploration package and any catalog service ordered on the Platform, with or without an account, may be withdrawn within eight (8) business days of payment, under article 40 of Costa Rica Law 7472, with a full refund; where, at the User’s express request, the service has been fully performed within that period, what has been performed is not refunded. Payment is accepted only after the User accepts these Terms, this Policy and the privacy notice, and the acceptance is recorded with its versions, date, IP address and language. Every other refund of a catalog service follows the Catalog Services and Merchant-of-Record Terms (document 27). These amounts are paid to BuyEnjoy outside the escrow and are never credited toward the price, BuyEnjoy’s fees or the closing costs.

VIII. Compliance Refunds

Where a transaction cannot proceed because a party fails sanctions screening, enhanced due diligence, or another legal requirement, the unreleased amount is refunded to the Buyer through the original rail, subject to any freeze or blocking obligation imposed by applicable sanctions law. Refunds in these cases are a legal outcome, not a discretionary decision.

IX. Electronic Signature and Disputes

By accepting, the Buyer provides an electronic signature evidencing agreement to these refund terms. BuyEnjoy retains the signature, IP address, and timestamp and may submit them as evidence in any payment-network dispute. This Policy is consistent with applicable local consumer-protection law; where the law of the Buyer’s country of residence grants non-waivable rights, those rights prevail.

ACCEPTANCE

Buyer (electronic signature; IP + timestamp captured)