1. Introduction
The purpose of this Policy is to provide clear, advance, and sufficient information to users of the website www.constructoracarpol.com regarding the legal nature of the reservation fee charged through the real estate reservation forms, as well as the scope, the terms, and the procedure for exercising the right of first refusal established in Article 47 of Law 1480 of 2011, and regarding the rules applicable to canceling the reservation once that period has expired.
This Policy supplements, and does not replace, the Terms and Conditions, the Personal Data Processing Policy, and the Legal Warranty Policy for Real Estate of CONSTRUCTORA CARPOL S.A.S. (hereinafter, “THE CONSTRUCTION COMPANY” or “CARPOL”), available on the website.
2. Definitions
- Arras: A sum of money or other item provided as security for the conclusion or performance of a future contract, pursuant to Articles 1859 and 1860 of the Civil Code.
- Separation fee: The amount of money that the User pays through CARPOL’s digital channels in order to temporarily reserve a specific property within a development, while the parties move toward signing the preliminary purchase agreement or the corresponding contract.
- Right of first refusal: The legal right granted to consumers under Article 47 of Law 1480 of 2011 to unilaterally and without justification rescind a contract entered into, or a request made, through a non-traditional or distance method, within the statutory time limit, without incurring any penalty.
- Withdrawal: The user’s decision not to proceed with the reservation of the property, made after the statutory right of withdrawal period has expired.
- Purchase intent: A preliminary document through which the User expresses interest in purchasing a specific property and the parties establish the initial terms that will govern the negotiation process. This document does not constitute a promise to buy or sell nor a contract of sale, but it shall be binding with respect to its express provisions and shall produce the legal effects arising from its content in accordance with the law.
- Preliminary Sales Agreement: A contract under which the parties agree to enter into a future contract for the sale of the property, under the terms and conditions set forth therein.
- User: A natural person or legal entity that uses the website or digital channels of CONSTRUCTORA CARPOL S.A.S. to view information, express an intention to purchase, request the separation of a property, or make payment of the separation fee.
3. Right of First Refusal
3.1. Rationale
Given that the application for separation is processed through a non-traditional or remote method—using the digital forms available on the website—CARPOL expressly acknowledges the User’s right of withdrawal as provided for in Article 47 of Law 1480 of 2011.
3.2. Deadline
The User may exercise the right of withdrawal within five (5) business days following the date of payment of the termination fee, counted from the business day following the date of payment.
3.3. How to Exercise It
The right of withdrawal is exercised by sending a written notice to CARPOL through any of the official channels listed in Chapter 5 of this Policy, stating at a minimum:
- The project and the unit (apartment or house) that is the subject of the reservation.
- The date and method of payment for the severance payment.
- The User's full name and identification number.
The User is not required to provide a reason for his or her decision.
3.4. Effects of the Right of First Refusal
Once the right of first refusal has been exercised within the statutory period, CARPOL will proceed to refund one hundred percent (100%) of the amount paid as a termination fee within thirty (30) calendar days following receipt of the request, using, to the extent possible, the same payment method used by the User. When this is not possible due to causes not attributable to CARPOL or due to the nature of the payment method used, the refund will be made within the same timeframe via bank transfer or another payment method agreed upon with the User or determined by CARPOL, at no cost to the User. The timely exercise of the right of withdrawal does not result in any penalty, administrative fee, or other charge to the User.
4. Withdrawal after the expiration of the right of first refusal
Once the five (5) business-day period specified in section 3.2 has expired without the User having exercised their right of withdrawal, any decision not to proceed with the reservation of the property shall be governed by the specific terms and conditions previously communicated to and clearly and expressly accepted by the User at the time of payment of the reservation fee.
When such conditions stipulate that the reservation fee constitutes a cancellation deposit, in accordance with Articles 1859 and 1860 of the Civil Code, it may be wholly or partially non-refundable as a result of the User’s withdrawal and due to the property’s unavailability for sale during the reservation period.
Under no circumstances may these terms be applied retroactively or interpreted as a prior or tacit waiver of the right of rescission recognized in Chapter 3, which is inalienable within its statutory period.
5. Procedure and Official Channels
The User may exercise the right of withdrawal or notify the Company of their withdrawal through the following channels:
- Email: [email protected]
- PQRS form available on the website www.constructoracarpol.com/contacto/pqrs/
- Written communication filed at the CARPOL offices: Calle 4 No. 7-32, Office 301, Popayán, Cauca.
6. Arrangements Following the Promise to Sell or the Sale
Once the corresponding preliminary sales agreement or sales contract has been signed, the terms regarding withdrawal, breach, and other legal effects will no longer be governed by this Policy and will instead be governed exclusively by the terms set forth in said document, by the applicable civil and commercial laws regarding earnest money and breach of contract, as set forth in the contractual document signed by the Parties, and by CARPOL’s Legal Real Estate Warranty Policy, without prejudice to the minimum, inalienable rights granted to consumers under Law 1480 of 2011.
7. Term and Amendments
This Policy takes effect on July 13, 2026. CARPOL may modify it at any time to adapt it to regulatory changes or improvements in its customer service processes. Substantial changes will be announced via publication on the website at least fifteen (15) calendar days prior to their effective date.