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Spanish estate-agent disputes commonly concern commission entitlement, exclusivity, reservation deposits, inaccurate information and whether the agent introduced the eventual transaction. The written mandate and evidence are decisive.
The agency mandate
The mandate should identify property, price, services, duration, exclusivity, commission, VAT and termination rights.
Consumer-facing clauses must be transparent and regional registration or professional requirements may apply.
Commission entitlement and causation
Commission can depend on producing a ready buyer, signing a private contract or completing the notarial sale, according to the mandate and facts.
Exclusivity and post-termination clauses require proportional, clear wording and proof that the agent caused the transaction.
Documents and checks
The mandate, advertisements, viewing records, offers, messages, reservation forms and invoice are key evidence.
Agency mandate
Property advertisements
Viewing and offer records
Reservation and deposit documents
Correspondence and invoice
Deposits, information and liability
An agent receiving a reservation deposit must disclose authority, holding arrangements, refund conditions and destination of funds.
Known planning, occupancy, ownership or defect information must not be misrepresented, although the buyer still needs independent due diligence.
Risks and next steps
Signing several mandates, bypassing an introducing agent or paying cash deposits without receipts creates avoidable disputes.
Regional and municipal rules, contractual wording and the property's registry and planning history can change the result. We verify the current file before any payment, signature or enforcement step.
Useful official resources
Official requirements, fees and procedures can change. The competent authority and current rules are checked for each individual case.
Questions about Real Estate Agent Law in Spain
When is commission earned?
The contract and agent's effective role determine entitlement.
Can two agents claim commission?
Potentially, if mandates overlap and causation is disputed.
Must a reservation deposit be refunded?
That depends on authority, wording, conditions and why the transaction failed.
Is the agent responsible for planning defects?
Liability depends on knowledge, representations, professional duty and buyer due diligence.
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Important: This page provides general information and does not replace individual legal, tax, labour, medical or technical advice. Authorities decide applications and disputes independently. Requirements and practice may change.