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Buying Property in Spain: What Your Agent Won't Tell You

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Spanish estate agents represent the seller, not the buyer. How to get independent guidance through every step of buying property in Spain.

"Don't worry, it's simple. We do this every day."

We heard this a lot when we were going through the process. And the people saying it weren't being dishonest. From their perspective, the part they manage is straightforward. But the part they manage is not the same as the part you need to navigate as a foreign buyer. If you're thinking about buying property in Marbella, Estepona, Nueva Andalucía or anywhere on the Costa del Sol, here is what your estate agent is very good at, and what they're not the right person for.

What Estate Agents Do (and Don't Do) in Spain

In Spain, estate agents represent the seller. Their commission, typically 3 to 6 per cent of the purchase price, is paid by the seller on completion. This is not unusual or unethical. It is simply how the market works.

But it means the agent's primary relationship is with the seller. Their job is to achieve a sale at the best price for their client. That is the job they are doing when they tell you the process is simple and guide you smoothly toward signing.

What an agent will not typically tell you: - The full tax cost on top of the purchase price - Issues they know about with the property - That you should get independent legal advice before signing anything - That their recommended lawyer has a referral arrangement with the agency

None of this makes them dishonest. It makes them agents. The system works fine once you understand who each professional works for.

What "Simple" Actually Involves

For you as a buyer, the process involves: getting a NIE number, opening a Spanish bank account, appointing an independent lawyer, conducting full legal due diligence on the property, negotiating the arras contract, arranging completion funds in your Spanish account, attending the notary, and completing a series of post-purchase administrative steps.

Each of these has its own timeline, its own documents, and its own professionals. None of it is difficult, but none of it is simple in the way the agent means. Buying property in Marbella or anywhere in Andalusia involves more moving parts than most buyers from the UK expect.

The One Rule That Protects You

Appoint an independent lawyer before you sign anything. Not the agent's lawyer. Not a friend of a friend. An independent, bilingual Spanish property lawyer who works exclusively for you.

Your lawyer is the professional who tells you the truth about the property, the contract, the risks, and your position. They are the check on everything else in the process. Whether you're looking at Benahavís, San Pedro de Alcántara, Mijas or further along the Costa del Sol, this rule is the same everywhere.

PlanMarbella.com walks you through how to find the right lawyer and what questions to ask. Free plan at planmarbella.com.

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Frequently Asked Questions

Do Spanish estate agents represent the buyer or the seller?

In Spain, estate agents represent the seller and are paid by the seller on completion. This means you should not rely on the agent for legal or financial advice - appoint your own independent lawyer.

Should I use the estate agent's recommended lawyer in Spain?

No. Always appoint your own independent lawyer with no connection to the agent, seller, or developer.

What should a Spanish estate agent help me with?

Finding properties, arranging viewings, providing market knowledge, and coordinating the sale process. Not legal advice, due diligence, or financial structure.