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House purchase

Posted: Thu Nov 28, 2019 9:05pm
5 replies188 views5 members subscribed

When buying a house in Spain, is the buyer or the seller responsible for paying the estate agents fees?

Kimmy11

Kimmy11

Legendary helpful member

Thu Nov 28, 2019 9:53pm

Posts: 1757

2112 helpful posts

Posted: Thu Nov 28, 2019 9:53pm

Hi Ritchiedub,

The seller is responsible for paying the estate agent's fee.  Some agents will ask a seller how much they want for their property, then the agent adds on their fee and advertises it at that higher price.  The agent will then argue that the buyer is paying their fee, but this is just semantics: the contract is between the seller and the agent.

Kind regards,

Kim

Juliette

Fri Nov 29, 2019 8:30am

Posts: 93

Location: Villamartin

47 helpful posts

Posted: Fri Nov 29, 2019 8:30am

Hi 

As Kimmy says the seller is responsible.

In our case it seemed quite confusing as the estate agents fees showed on our bank statement - us being the buyer. This was simply how they do it in spain and the total paid when we added it all together was what we had expected to pay for the house. 

In the UK the whole balance is paid over to the sellers solicitors then they pay the estate agents out of it, here they seem to pay the estate agents out of the buyers account and pay the balance to the sellers - all the same either way.

I hope this makes sense :)

Regards

Juliette

RayD

RayD

Legendary helpful member

Fri Nov 29, 2019 10:17am

Posts: 3608

Location: Catral

2569 helpful posts

Posted: Fri Nov 29, 2019 10:17am

Juliette - the estate agent shouldn't have had any access to your bank account as all monies should have been paid via your abogado.

killjoy

killjoy

Helpful member

Fri Nov 29, 2019 12:03pm

Posts: 694

Location: Orihuela Costa

369 helpful posts

Posted: Fri Nov 29, 2019 12:03pm

As a former State Secretary (G.Lopz Bravo) made it clear "Spain is different". Most estate agents will take as much as they can from both seller and buyer. There is no ruling or it's simply not obeyed. Never pay them anything upfront, that money is gone forever.

Davebev1

Davebev1

Very helpful member

Sat Nov 30, 2019 11:20am

Posts: 576

Location: Playa Flamenca

596 helpful posts

Posted: Sat Nov 30, 2019 11:20am

All money should be paid by you should go only to YOUR lawyer, including the initial deposit.  For a re-sale property the agents fee is included in the price for the property and deducted from the amount the seller receives (exactly as in the UK).  Slightly different with bank repos, but essentially you still pay all the money to your own lawyer.


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