Working with estate agents and buyer's agents in Spain

Terms used

• IVA — IVA is Spain's value-added tax, charged at 21% on most services, including estate agents' fees.
• Sin exclusiva — Sin exclusiva means a non-exclusive listing, where the seller lets several agents advertise the same property.
• Nota simple — The nota simple is a land registry extract showing who owns a property and any debts or charges on it.
• NIE — The NIE is the identification number Spain gives foreigners for tax and legal matters.

Key rules

• Whose agent: A normal estate agent works for the seller, so get your own advice on price and legal checks.
• Listings: The same home can be advertised by several agents at different prices, so confirm it by cadastral reference.
• Buyer's agent: A buyer's agent is optional and does not replace a lawyer.
• In writing: Get the commission and who pays it in writing before you sign anything.

Who pays the agent

The seller usually pays the estate agent's commission, and you pay only if you hired the agent or the contract expressly says so. That means a normal estate agent works for the seller. They are not your adviser, even if they are friendly and helpful.

You are more likely to be asked to pay in new-build deals and in some Balearic or coastal sales. Whatever the case, the commission, who pays it and the amount should be written in the agent's agreement or in the reservation or purchase contract. An agent may not charge a consumer for a service the consumer did not order. If a fee appears that you never agreed to, challenge it before you sign.

What commission looks like

Sellers' agents typically charge 3% to 6% of the sale price plus IVA at 21%. It is usually 3% to 5% in large cities. It runs higher, 5% to 6% or more, on cheaper homes and in resort areas, and low-priced homes often carry a minimum fee. Rates are negotiable. Exclusive listings usually have lower rates than open ones.

Why one home shows several prices

Many Spanish homes are listed without exclusivity (sin exclusiva). Several agents can advertise the same property, and you may see it more than once at different prices. This happens because:

• each agent may add their own commission to the seller's net price;
• the seller may have given different prices at different times;
• some ads lag behind price cuts, and portals do not always remove outdated ones.

To find the real position, compare the ads and ask each agent for the seller's agreed price. Ask for the nota simple, and check that the cadastral reference matches in every ad, so you know it is the same home. An exclusive listing normally has one price and one agent.

Checking an agent is genuine

Spain has no national licence for estate agents. Some regions do require registration, including Cataluña, Valencia, the Balearic Islands and Navarra. In Madrid and Andalucía the rules are lighter, though consumer rules still apply. In regions that require registration, the agent's registration number must appear in their advertising. Check it with that region's consumer or housing department. Membership of professional associations is voluntary, so it proves little.

Should you hire a buyer's agent

A buyer's agent is optional. They work for you. They find and shortlist properties, including some that are not advertised. They check prices against comparable sales, negotiate, and coordinate a lawyer, surveyor and notary. Some also help with the NIE, a bank account and utilities.

Fees are either a fixed fee or a percentage, often 1% to 3% of the price, sometimes with a minimum and an upfront retainer. These are negotiable.

Hiring one makes most sense if you:

• are a foreign or non-resident buyer, or are buying from abroad;
• are in a competitive market;
• are short of time or do not speak Spanish.

It is less useful if you already know the local market well.

The main risk is an agent who also takes commission from the seller or developer. Ask for a written statement of fees that says whether this happens. A buyer's agent does not replace a lawyer, who does the legal checks.

Before you pay anyone or send a deposit, read the scam warning below. The checklist covers the questions to ask each agent.

Documents you need

• The agent's written agreement or reservation or purchase contract, showing the commission, who pays it and the amount.

• If you hire a buyer's agent, a written statement of their fees that says whether they also take commission from the seller or developer.

• The nota simple (the land registry extract on the property), which you ask the agent for to check the seller and the property.

Checklist

• Ask the agent who they work for and who pays their commission.

• Get the commission, who pays it and the amount in writing in the agent's agreement or the contract.

• Check the agent's registration number in the regional register if your region requires one.

• Ask the agent for the nota simple and check the cadastral reference to confirm it is the same home.

• Decide whether to hire a buyer's agent, especially if you buy from abroad or are a non-resident.

• Ask a buyer's agent for a written fee disclosure before you sign.

Property scams that target foreign buyers

• Fake listings and fake owners: A price far below market, an owner abroad who cannot show the property, copied or poor photos, and documents that do not match are signs of a fake listing or a seller who is not the real owner. Pressure to act fast is another sign. Visit in person. Ask for a nota simple (an official extract from the Land Registry) to confirm the owner and any charges. Compare the seller's ID with the registered owner. Check the cadastral reference and the energy certificate. Make sure the contract is signed by the owner or a verified power of attorney.

• Deposit demands and risky payments: Scammers ask for a reservation or deposit before any viewing. They want payment by transfer to a foreign account, in cash or in crypto. The same property can also be sold to several buyers. Pay only by bank transfer to a lawyer's or notary's account in Spain, and complete the sale before a notary. Use an independent lawyer, not one the seller or agent recommends. Check that the agent is legitimate.

• Off-plan developers without a guarantee: If a developer takes advance payments for a home that is not finished, the law requires a bank guarantee (aval) or an insurance policy to refund your money plus interest if the building is not completed or delivered on time. The money must also go into a separate special bank account. Without these, your deposit is at risk. Ask for the individual guarantee certificate or policy before paying anything. Check that the contract names the guarantor and the account. Check the building licence (licencia de obras), the developer's ownership of the land, the registered new-construction declaration and any mortgage on the land, the developer's solvency and company registration, and the technical project. Never pay cash, and keep every receipt. At delivery, expect the 10-year building insurance (seguro decenal), the first-occupation licence and the final-works certificate.

• If you have already been defrauded: Money sent to a scammer can be lost quickly. Tell your bank immediately, then report the case to the Policía Nacional or the Guardia Civil.

Frequently asked questions

How much does a buyer's agent charge in Spain?

A buyer's agent usually charges either a fixed fee or about 1% to 3% of the purchase price, often with a minimum fee. Some also ask for an upfront retainer. Ask for the fee in writing, including whether the agent takes any commission from the seller or developer.

How can I check that an estate agent is registered?

You can check the register of your region's consumer or housing department, but only some regions require registration. Catalonia, Valencia, the Balearic Islands and Navarra do.

Why does the same home show different prices with different agents?

The same home shows different prices because many listings are non-exclusive, so each agent can add their own commission to the seller's price. Some ads also lag behind price cuts. Compare the cadastral reference to confirm it is the same home.

Does a buyer's agent replace a lawyer?

No, a buyer's agent does not replace a lawyer, because the agent does not do your legal checks. The agent can find homes, negotiate and coordinate a lawyer, surveyor and notary for you. It is most worthwhile if you buy from abroad, are a non-resident, or are short of time or Spanish.