Note

Estate agents in Spain: what they do and who they work for

§ 1What an agent does

An estate agent finds homes, shows them to you, relays offers and counter-offers and arranges the paperwork between the parties. A good agent knows the area, the prices and the realistic outcome of an offer. The agent gets you through the door. What the agent does not do is check the legal position on your behalf. The roles of the other professionals are in the rules on the professionals in a purchase.

§ 2Who the agent works for

In most sales the seller pays the commission and the agent works for the seller. That decides whose interest the agent protects. When an agent says “this is a very good price”, it is worth remembering that the agent is paid when a sale happens. Ask whether the agent has a signed mandate from the owner and whether the agent represents any other party in the deal.

§ 3Documents to ask for

Ask for the registry extract, the cadastral reference, the last property tax receipt, the community statement, the energy certificate and, for a newer home, the licences and the building documentation. The registrars advise checking the registry entry, the last property tax receipt, the community fees and the energy and habitability certificates before signing. An agent who is reluctant to provide them is giving you information about the property.

§ 4Commission and fees

Ask in writing who pays, how much and when. A buyer should not sign a document that commits to a commission without reading it. Fees may also be built into the price. The costs section of this handbook covers professional fees, and the agent’s commission is usually a matter between the agent and the seller.

§ 5Reservation and deposits

Agents often ask for a reservation deposit to take the home off the market. Read the paper you sign, and ask your lawyer to review it first when possible. Ask who holds the money, what happens to it if the sale does not proceed, and how long the reservation lasts. The contracts section explains the options.

§ 6Using an agent well

Use the agent for local knowledge, viewings and access to listings, and use your own lawyer for the checks. Tell the agent that your lawyer will receive all documents. Do not pay money to the agent personally unless it is a documented reservation. And check the agent’s details: the business name, the address and the registration the region requires, if any.

§ 7Fake agents

Scammers pose as agents or as owners, using photographs from real listings. The page on fake listings explains the pattern. A real agent will meet you, show you the property and put the owner’s details in writing. The related professional is the surveyor, in a survey in detail.

§ 8More on this topic

The rules on an independent lawyer explains what a lawyer who acts only for you does and the rules on how to choose a lawyer explains how to find and compare lawyers.

The rules on the notary’s role explains what the notary does and does not do and the rules on the gestor explains what a gestor does and how to use one.

Sworn translators in detail explains when a sworn translation is needed.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.