Note
Estate agent commission when selling in Spain
Quick answer
Agents are normally paid a commission on the sale, but we found no official scale and print no rate. Fees are agreed in the listing agreement, which may be exclusive. Ask who pays, what is included, how long the agreement lasts and what happens if you find the buyer yourself.
Applies toOwners deciding whether to use an agent and what to sign.
On this page: 9 sections
§ 1How agents are paid
An agent is normally paid by the seller through a commission when the sale completes. We found no official scale for commissions, and the figures that circulate come from the agents themselves. This page belongs to the chapter on an overview of selling. It explains how to read an agreement and what to ask, not what a fair rate is.
§ 2The listing agreement
Ask for a written agreement before the agent starts. It should state the price, the commission and whether tax is added, the period, whether it is exclusive, what the agent does, and what happens if the sale falls through. Read the clause on the fee when you find the buyer yourself, and the clause on what happens after the agreement ends if a buyer introduced by the agent buys later.
§ 3Exclusive and open
In an open agreement, several agents may market the home, and the one who finds the buyer is paid. In an exclusive agreement, one agent has the right for a period. Exclusivity can bring more effort, and it can lock you in. Choose the term carefully, and ask how to end the contract if the agent does not deliver.
§ 4What to ask
Ask the agent which similar homes have sold nearby, at what price and how fast. Ask how the home will be marketed, who will show it, and how you will be informed. Ask whether the agent has a licence or a registration required where you live, since requirements differ by region and we did not read them. Ask for references, and speak to two or three agents before choosing one. How long a sale takes explained explains how the stages take time.
§ 5Who pays
The seller normally pays the agent who has the listing, but a buyer’s agent may be paid by the buyer, and some contracts split it. The deed and the private contract should state who bears each cost. Ask your lawyer to check that the contract matches what the agent promised, as the selling process explained explains in the steps of the sale.
§ 6The deposit and money
An agent may hold the buyer’s deposit. Ask in whose name the money is held and when it is released, and never accept a verbal assurance. A lawyer can hold it instead. If the deposit ends up with the agent and the sale fails, getting it back can be hard.
§ 7Tax and fees
The commission is a cost of the sale. Ask your tax adviser whether it can be counted when the gain is worked out, since the capital gains section explains which acquisition and sale costs the tax office allows. We did not verify the rule for a non-resident.
§ 8Complaints
If an agent breaks the agreement, keep the written record and ask a lawyer to write to the agent. Consumer bodies in your region may also help. We did not read the rules on agents.
§ 9More on this topic
How selling with a mortgage works explains how to sell a home that still has a loan on it and how documents for selling works lists the documents a seller needs and who obtains them.
FAQRelated questions
What is the usual commission?
We did not find an official scale, and quoted figures vary by agent and place. Ask for the fee in writing, whether it is a percentage or a fixed sum, whether tax is added, and who pays it.
What is an exclusive agreement?
It gives one agent the right to market the home for a period, often with a fee even if you find the buyer. Check the length, the exit terms and what happens after it ends before you sign.
Can I sell without an agent?
Yes. You then handle the viewings, the price, the contract and the documents yourself with a lawyer. Some owners use an agent only to find buyers, and others do it all privately. The legal steps are the same.
Sources
- Colegio de Registradores de España: What is the difference between a nota simple and a registry certificate? (official source, opens in a new window), Legal value, who can request, contentLast checked 17 October 2026
General information only. This is not legal, tax or financial advice. Check your own situation with a qualified adviser.