Seller’s agent and buyer’s representative

Who is who at a viewing

A seller's agent works on the owner's instructions. Catalan housing law (Ley 18/2007) requires the agent to sign a nota de encargo with the owner before advertising the property. This written mandate sets the term, the asking price, the agent's fee and the powers granted. The agent's job is to sell on the seller's terms.

A buyer's representative works under a contract with you: searching and comparing options against your brief, collecting questions and coordinating checks. The same flat may reach you through a portal, an agency, a friend or the owner directly. Someone who opens the door and shows you around is not, for that reason, acting for you.

What Catalan law requires of agents

• Registration. The Registre d'agents immobiliaris de Catalunya is public and mandatory for anyone who habitually and for payment provides brokerage, advice or transaction management in property deals in Catalonia. Exempt: property administrators acting only in that role, agents operating from another EU country or another Spanish region without an office open to the public in Catalonia, and people who help occasionally and unpaid.
• Badge and number. A registered agent displays a badge with a unique number on the office plaque, stationery and advertising. The registration number must appear in every property advert.
• Insurance and guarantee. Agents must hold professional liability insurance and a guarantee covering any money they receive until it is passed on to the recipient.
• Checks before signing. Before signing any transaction document with third parties, the agent verifies the owner's details, title and registered charges.
• Complaints. Agents who are not members of a professional college must keep official complaint forms (hojas de reclamación) and a visible notice saying so.

Being paid by both sides

Under Ley 18/2007 an agent's fee is either a percentage of the price or a fixed amount. An agent may not be paid by both parties for the same transaction unless there is an express agreement to that effect.

If the seller's agent offers you paid services on the same flat, ask in writing whether the seller is paying them and whether the seller knows you will pay too. If you are asked to consent to a double fee, read the wording before you sign. A lawyer can explain what it commits you to.

What you should receive before any payment

Before you pay anything on account of the price, the law requires you to receive in writing: the agent involved, a description of the home with its usable floor area and annexes, the land registry reference, and the total price including the taxes and other costs that fall on the buyer. If the advance exceeds 1 % of the price, you are also owed details on the building and its age, occupancy, charges, community fees and any arrears to the comunidad de propietarios, and the payment terms.

Every amount you hand over needs a receipt. For the checks before a deposit, see nota simple and arras.

Who to ask and what

After each viewing, note who said what and which document supports it. Replace verbal assurances about community debts and IBI with certificates; this common mistake is covered in the guide to buying as a non-resident. How to look up an agency in the register is explained in finding a flat in Barcelona.

Last updated 26.10.2026.