| TuCesión.com | TERMS AND CONDITIONS OF USE |
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TUCESIÓN
1. Terms and Conditions of Use
TuCesion.com: platform for real-estate assignments and fiduciary-rights assignments
1. Operator Identification
TuCesion.com is a brand and platform operated by MUV.ART S.A.S. (“TuCesión”), a company domiciled in Bogotá D.C., Colombia.
| Brand | TuCesion.com / TuCesión |
|---|---|
| Operator | MUV.ART S.A.S. |
| Tax Identification Number (NIT) | 901.427.146-9 |
| Registered Address | Bogotá D.C., Colombia |
| Address | Cra 100B No. 77B - 06 |
| contacto@tucesion.com | |
| Telephone | +57 305 4270997 |
For electronic-commerce and consumer-protection purposes, TuCesión must keep its corporate name, NIT, address for service of judicial notices, telephone number, email address, and any other required information visible and current on the website.
2. Purpose and Acceptance
These Terms govern access to and use of TuCesion.com and the services through which users may browse, publish, compare, and manage assignment opportunities associated with real estate projects in Colombia.
Acceptance of material contractual obligations will be made through electronic mechanisms that preserve evidence of the accepted version, date, time, and account or means used. Mere browsing of public content will not be construed as a waiver of a user's legal rights.
Where a Brokerage/Intermediation Agreement, exclusivity agreement, data-processing authorization, policy, or specific document exists, that instrument supplements these Terms and prevails with respect to the particular matter it governs, subject to mandatory law.
3. Colombian Legal Framework
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The Commercial Code (Decree 410 of 1971), in particular the rules on assignments of contracts (Articles 887 et seq.) and brokerage (Articles 1340 et seq.), where applicable.
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The Colombian Civil Code and the general rules on obligations and contracts applicable to the underlying transaction.
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Law 527 of 1999 on data messages and electronic commerce.
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Law 1480 of 2011 (Consumer Protection Statute) and Law 2439 of 2024, where a consumer relationship or electronically provided service exists.
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Law 1581 of 2012 and Decree 1074 of 2015 on personal data protection.
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Law 2220 of 2022 (Conciliation Statute).
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Rules on commercial trusts, financial-consumer protection, and the regulation of trust companies, only to the extent relevant to the underlying trust agreement; TuCesión does not replace the trust company or assume its obligations.
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Other mandatory Colombian rules applicable according to the structure of each transaction.
4. Definitions
| Term | Definition |
|---|---|
| Platform | tucesion.com and the digital channels managed by TuCesión. |
| User | An adult natural person or legal entity that browses, registers with, or contracts TuCesión's services. |
| Assignor | The holder of a contractual position, fiduciary right, or other right associated with a real estate project who seeks to transfer it, or that holder's duly authorized representative. |
| Assignee or Purchaser | A person interested in assuming or acquiring the position or right subject to an assignment. Commercial use of the term “investor” does not mean that TuCesión provides investment advice or financial services. |
| Assignment | A legal transaction through which a contractual position, fiduciary right, or other right related to a real estate project is transferred, subject to law and the underlying agreement. |
| Listing | A listing or notice for an opportunity on the Platform. |
| Brokerage/Intermediation | A service through which TuCesión introduces potential parties so that they may assess or enter into a transaction, without representing either party unless otherwise agreed in writing. |
| Success Fee | Compensation for brokerage/intermediation services, earned upon the events and conditions defined in the specific agreement. |
| Project Entity | The developer, promoter, trust company, autonomous trust estate, or third party whose participation or approval is relevant to an assignment. |
| Protection Period | The period agreed in the Brokerage Agreement during which a transaction with a contact introduced by TuCesión may give rise to the agreed fee. |
5. Nature and Limits of the Service
5.1. Platform and Intermediation
TuCesión facilitates listings, the organization of information, contact, and, where contracted, brokerage or commercial support for assignment opportunities. TuCesión does not thereby acquire the listed rights or become a party to an assignment between an Assignor and an Assignee.
5.2. No Transfer of Real Property Ownership
An assignment of a contractual position or fiduciary rights does not, by itself, transfer ownership of real property. Where applicable, acquisition of ownership requires the relevant acts and formalities, including a public deed and registration where required.
5.3. Not a Trust Company or Financial Institution
TuCesión does not act as a trust company, credit institution, securities broker, fund manager, or financial adviser. The obligations of a trust company, developer, or promoter are determined by law and by the agreement for each project.
5.4. Legal and Documentary Support
TuCesión may facilitate checklists, initial document review, coordination, or access to professionals. Unless an independent agreement exists with a lawyer, these activities do not constitute legal representation and do not replace the parties' individual legal advice.
6. Registration, Eligibility, and Account
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A User must be at least eighteen (18) years old or validly act on behalf of a legal entity.
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Registration information must be accurate, complete, current, and verifiable.
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Credentials are personal, and the User must protect them and report unauthorized access.
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TuCesión may conduct risk-proportionate verifications before enabling certain functions or sharing restricted information.
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TuCesión may suspend accounts in the event of fraud, identity theft, breach, security risk, or a request from an authority, while respecting the applicable rights.
7. Listings and Documentation
An Assignor must accurately identify the legal nature of the right it seeks to assign and provide the documentation necessary to demonstrate its relationship to the project. TuCesión may request corrections or additional documents, or remove information that is manifestly inconsistent, unlawful, misleading, or infringes third-party rights.
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A listing must distinguish among the original price, amounts actually paid, outstanding balance, requested assignment price, assignment expenses, and other relevant figures.
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Any discount, potential gain, appreciation, or comparison with the sales-office price must state its reference date and may not guarantee returns.
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Images, plans, trademarks, and third-party materials must be used with authorization or another valid legal basis.
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Documents containing personal data must be minimized or redacted before public disclosure.
8. Assignor Obligations
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Be the lawful holder of the offered right or position, or demonstrate sufficient authority to act for the holder.
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Review the underlying agreement and disclose restrictions, conditions, authorizations, penalties, or costs associated with the assignment.
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Provide accurate, complete, verifiable, and current information.
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Disclose outstanding payments, default, contractual amendments, extensions, withdrawals, attachments, litigation, or known contingencies that may affect the transaction.
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Provide documents reasonably required for due diligence and completion.
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Disclose whether the assignment requires the acceptance of a developer, trust company, promoter, or other contractual counterparty.
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Pay the fee or other amounts agreed with TuCesión in the specific agreement when they become due.
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Not use the Platform for fraud, unauthorized fundraising, money laundering, terrorist financing, or other unlawful activities.
9. Assignee or Purchaser Obligations
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Conduct their own legal, financial, technical, and commercial due diligence before becoming bound.
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Review the underlying agreement, the status of the project, and the assignment terms.
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Confirm relevant information directly with the Project Entity where necessary.
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Demonstrate payment capacity or provide financial documentation where this is an objective condition of the project or negotiation.
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Protect confidential information and personal data received.
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Comply with fee or service obligations accepted in writing.
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Not use the information obtained to impersonate, defraud, harass, conduct mass data extraction, or engage in unlawful activities.
10. Developer or Trust Company Approvals
The ability to make an assignment and the requirements to do so depend on the specific agreement. A transaction may require authorization, acceptance, validation, customer due diligence, payment of a fee, execution of forms, or satisfaction of conditions defined by the developer, promoter, or trust company.
TuCesión does not guarantee that the Project Entity will approve an assignment. If approval is a condition of the transaction, the parties must treat it as a condition precedent to completion or final payment, as appropriate.
11. Verifications and Due Diligence
TuCesión may conduct identity, documentation, and consistency checks to reduce risk and organize the process. Any badge, “verified” status, or internal review describes only the scope actually performed and does not constitute a certification of absolute authenticity, solvency, legal viability, profitability, future approval of the assignment, or a guarantee regarding the project.
12. Brokerage, Fees, and Invoicing
Where TuCesión provides a compensated brokerage/intermediation service, its economic terms will be defined in a Brokerage/Intermediation Agreement accepted by the party responsible for payment.
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Payer(s): ASSIGNOR
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Fee or formula: PERCENTAGE
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Time at which fee is earned: EXECUTION OF THE ASSIGNMENT
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Taxes and invoicing: will be added or itemized in accordance with applicable tax law.
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A free listing, if offered, does not eliminate a success fee expressly agreed for brokerage services.
TuCesión may not charge a fee that has not been disclosed to and accepted by the person required to pay it.
13. Fee Protection and Non-Circumvention
The parties may agree in the Brokerage Agreement to a non-circumvention obligation regarding contacts or opportunities introduced by TuCesión. That obligation must be clear, proportionate, traceable, and limited to the identified transaction and the agreed period.
Suggested protection period for discussion: 1 MONTH
If a transaction is completed with a contact introduced by TuCesión during the agreed period, the fee may be payable in accordance with the agreement. Any liquidated-damages clause for breach must be expressly stated in the specific agreement, comply with legal limits, and not create an unjustified imbalance for a consumer.
The mere existence of contact between users does not create an irrebuttable presumption of fraud or a transaction; TuCesión will retain reasonable evidence of the origin of the contact and of the service actually provided.
14. Exclusivity
Exclusivity is not presumed. It exists only when expressly accepted by the Assignor in a Brokerage/Intermediation Agreement that states its duration, scope, permitted channels, consequences of breach, and termination rules.
Proposed arrangement: EXCLUSIVE.
15. Payments and Handling of Funds
Unless another legally permitted structure is expressly disclosed and contracted, TuCesión does not receive, hold, or administer funds intended for the assignment price, project down payment, or payments to the trust company or developer. Payments among the Assignor, Assignee, and Project Entities will be made through verifiable channels defined by the parties and the underlying agreement.
16. Communications and Electronic Evidence
Users accept the use of data messages for communications related to the service. TuCesión may retain technical and documentary records reasonably necessary to evidence acceptances, instructions, introductions, status changes, and relevant actions, in accordance with Law 527 of 1999 and the Privacy Policy.
17. Prohibited Conduct
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Listing rights that do not exist, are false, or that the User is not authorized to offer.
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Concealing material contingencies or altering supporting records.
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Impersonating individuals or entities.
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Using personal data outside the permitted purpose or sharing it without authorization.
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Conducting scraping, abusive automation, reverse engineering, or unauthorized mass data extraction.
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Uploading malware, interfering with security, or attempting unauthorized access.
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Using the Platform for unlawful activities, unauthorized fundraising, or fraudulent schemes.
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Presenting misleading promotional information concerning profitability, appreciation, urgency, or availability.
18. Intellectual Property and License to Content
TuCesión's proprietary elements, including its brand, design, text, software, and original materials, are protected by intellectual property laws. The User retains any rights it has in content it provides, but grants TuCesión a limited, non-exclusive, revocable license, to the extent necessary to host, technically adapt, and display the listing while it remains active.
The User represents that it has the authority to provide the content and will be responsible for claims arising from an infringement attributable to material supplied by the User.
19. Personal Data Protection
The processing of personal data is governed by TuCesión's Privacy and Personal Data Processing Policy. The use of contractual documents or third-party data must respect the principles of purpose limitation, necessity, restricted access, and confidentiality.
20. Consumer Rights and PQR
Nothing in these Terms limits consumers' non-waivable rights under Colombian law. Where TuCesión acts as a provider of an electronic service subject to the Consumer Protection Statute, it will provide clear information about the service, prices, supplier identity, and the mechanisms for submitting and following up petitions, complaints, and claims.
PQR channel: contacto@tucesion.com
Withdrawal rights, payment reversals, and other mechanisms under the Consumer Protection Statute will apply where their legal requirements are met and no valid exception applies.
21. Service Availability and Changes
TuCesión will seek to maintain reasonable continuity of the service but may carry out necessary maintenance, updates, or changes. Interruptions do not exclude liabilities that cannot be limited by law. Changes that materially affect rights or obligations will be communicated with reasonable advance notice where appropriate.
22. Liability
TuCesión is responsible for its own obligations and the duties imposed on it by law as a provider or intermediary. However, TuCesión does not control the decisions of developers, trust companies, financial institutions, or users' independent conduct.
In particular, TuCesión does not guarantee: (i) third-party approval of an assignment; (ii) a project's appreciation or profitability; (iii) a User's solvency; (iv) completion of construction; or (v) the absence of risks that should be identified through due diligence.
No exclusion of liability will be construed as a waiver of warranties or rights that cannot be waived under Colombian law.
23. Suspension, Termination, and Removal of Listings
An Assignor may request removal of a listing, subject to the continuing obligations of a Brokerage Agreement or exclusivity arrangement. Account termination does not extinguish obligations already accrued or the parties' rights arising from prior transactions or agreements.
TuCesión may suspend or remove content because of risks involving fraud, security, illegality, rights infringement, misleading information, or breach, while reasonably documenting the decision.
24. Amendments to these Terms
TuCesión may amend these Terms in response to legal, technological, operational, or service-model changes. Material changes will be communicated through reasonable means. If an amendment requires new acceptance, it will not apply to a User until that acceptance has been obtained, unless the law provides otherwise.
25. Dispute Resolution and Governing Law
These Terms are governed by Colombian law. The parties will seek to resolve directly any disputes relating to TuCesión's service. They may resort to conciliation under Law 2220 of 2022 where the matter is capable of conciliation.
If no agreement is reached, the dispute will be heard by the authority or court with jurisdiction under Colombian rules of jurisdiction and venue. Where a consumer relationship exists, no consumer will be required to waive in advance any forum or protection mechanism recognized by law.
26. Language
The Spanish version of these Terms is the official and legally controlling version. Any translation is provided to facilitate understanding.
27. Effective Date and Contact Information
Proposed effective date: September 14, 2026.
Legal and PQR contact: contacto@tucesion.com
Website: tucesion.com
tucesion.com | contacto@tucesion.com | Bogotá D.C., Colombia
