In most of Spain, anyone can call themselves a real estate agent. This guide gives you the practical questions to ask — and the warning signs to watch for.

Spain recorded 714,237 property transactions in 2025 — the highest in 18 years. Prices rose by double digits in every autonomous community. In this environment, the urgency to move quickly is real — and it is precisely the environment in which poor choices get made.

Taking an extra hour to vet your agent properly is the best investment you can make before any property transaction in Spain.

First: Understand the Regulatory Reality

Real estate agency is mandatory licensed in only two Spanish regions: Catalonia (AICAT, since 2010) and the Comunitat Valenciana (RAICV, since 2023). In every other autonomous community — including Andalucía, Madrid, the Canary Islands, and the Balearic Islands — any individual can legally operate as an estate agent without training, insurance, or oversight.

This does not mean most agents are unqualified. It means you cannot assume qualification. The verification is your responsibility.

For Sellers: The Key Questions to Ask

For Sellers

You will likely meet two or three agents before deciding. The right questions reveal the difference between a professional and someone going through the motions. Here are the areas that matter most:

• Professional body membership — Are they registered with API, GIPE, AICAT, or RAICV? Ask for the organisation name and verify it independently.

• Professional indemnity insurance — If an agent makes a mistake that costs you money, your only financial recourse is their insurance. Ask for evidence, not just assurance.

• Comparable sales data — Not “I know this area well.” Specific sales: street, property type, price, date. Three recent comparables minimum.

• A written marketing plan — Which portals, which timelines, which buyer profile, professional photography by whom. “We list on the main portals” is not a plan.

• Commission transparency — The total cost in writing, with IVA specified, before you sign anything.

For Buyers: What You Need to Know First

For Buyers

The agent you deal with as a buyer is usually the seller’s agent — meaning they are legally and commercially acting for the seller, not for you. This is fundamental to understand before you start viewing properties.

Always appoint an independent Spanish property lawyer to review the Nota Simple, check for charges and encumbrances, verify planning status, and review contracts before you sign anything or pay any deposit.

• Who do they represent? — Ask directly: the seller, you, or both? Dual representation means a financial interest in completion regardless of whether terms are optimal for you.

• Legal status of the property — A professional agent should have reviewed the Nota Simple before marketing. They should know the mortgage status, any charges, and whether the Catastro matches the Registro.

• Transacted prices, not asking prices — Portals reflect what sellers hope to achieve. Ask for data from INE or Colegio de Registradores. The average negotiation margin in Spain was just 6.2% at end-2025.

• Your costs in writing — As a buyer, you should not be paying the seller’s agent commission. If an agent suggests otherwise, request the legal basis in writing.