Agencies in Spain work differently to those in the UK, Scandinavia or the Netherlands, on fees, on who they represent and on how much of the legal process they handle. Knowing this before you appoint anyone puts you in a stronger position.
Who the agent representsHow commission is structured and sharedWhat our vetting coversThe most costly mistakes
Representation
The agent usually works for the seller
In most Spanish transactions the agency is instructed and paid by the seller. That is not a criticism, it defines their duty. If you are buying, the person showing you the property is not representing your interests in the negotiation unless you have appointed them.
Some agencies offer a buyer's agent service, where you instruct and pay them to search on your behalf. Others act for both sides. Either is acceptable, but establish which applies before you disclose your maximum budget.
The question to ask
"Who pays your commission on this sale, and does that change if I buy through you?" The answer tells you most of what you need to know.
Seller's agent
Instructed and paid by the seller, with a duty to achieve the best price and terms for them. Legitimate, but not acting for you.
Buyer's agent
Instructed and paid by you to search the market, shortlist and negotiate on your behalf. Less common in Spain, but increasingly offered to overseas buyers.
Both sides
One agency introducing a buyer to its own listing. Efficient, but their fee depends on the sale completing rather than on the terms being right for you.
Commission
How agency fees are structured
There is no fixed or regulated commission rate in Spain. Each agency sets its own and it is negotiable, which is why comparing several is worth doing.
01
A percentage of the sale price
The most common model, paid by the seller on completion. What it includes varies more than the headline percentage: photography, portal placement, floor plans and the energy certificate.
02
A fixed fee
Less common, but offered at higher price points where a percentage would produce a fee out of proportion to the work involved.
03
Shared between two agencies
If one agency holds the listing and another introduces the buyer, they usually split the fee. This should not cost the seller more, but confirm it in writing.
04
Exclusive versus open mandates
An exclusive mandate gives one agency sole rights for a fixed term, often in exchange for better terms or more marketing spend. An open mandate reaches more buyers but can mean no single agency takes ownership of the sale.
Standards
What our vetting covers
Estate agency is not uniformly licensed across Spain, so the standard has to be set explicitly rather than assumed.
A registered business
Every agency that can reply is an officially registered business operating under local regulations.
Checked before joining
Agencies are reviewed before joining and agree to our terms on how they contact and handle the people who submit requests.
Local coverage
Requests go to agencies that work the area in question, rather than to a national desk with no local sales history.
Common mistakes
The most costly mistakes
Using the seller's lawyer
Always instruct your own independent lawyer. They check ownership, outstanding debts, licences and whether what is built matches what is registered.
Budgeting only the purchase price
Taxes, legal fees, notary and registry costs add significantly to the total, and vary by region and by whether the property is new or resale.
Leaving the NIE too late
You cannot complete without an NIE. Applying late is one of the most common causes of delayed completion.
Signing the first mandate you're offered
Sellers often sign a long exclusive contract with the first agency they meet, then spend months unable to change. Compare terms before committing.
Trusting the asking price
Asking prices in Spain often sit well above completed sale prices. Recent completed sales on the same street are the figure to work from, and a local agency can provide them.
Assuming the rules are national
Transfer tax, plusvalía and some purchase procedures are set regionally or by the municipality. Advice that applied in Alicante may not apply in Málaga.
Request agent offers
Send one request and compare the fee, valuation and approach of several local agencies. The form takes about two minutes.
