Selling house in Spain? Consider this first

Selling house in Spain? Most sellers sign an exclusive contract with a real estate agency for the marketing of the property, beware clauses!

selling house in spain

Once someone is selling house in Spain, this decision will probably come from the urge to go back to one’s home country for whatever important reason. Or perhaps it is a market triggered decision due to the chance of getting a considerable profit margin when prices raise, or the other way round when economy falls.

For example, events like the Covid-19 outbreak may harm the economy and thus, force many small owners to sell in order to realise cash needed to survive; and purchasers will very probably be “bigger fish” like rich opportunity chasers or the so called vulture funds.

So, nowadays selling property is likely to be a time-sensitive matter, so most sellers opt for accelerating the process using the support of a Real Estate agency. But, supposing this is your case and think of -or already on the course- of selling house in Spain, consider our following reflexion first…

Quite often when someone intends to sell property in Spain they sign an exclusive contract with the real estate agency for the marketing of the property.

However, all too often, the contract contains a number of clauses that would be considered legally ‘unfair’, on the basis that the customer is a “consumer” when contracting with the real estate agency, and therefore such clauses would be unenforceable.

For example, all too often we see clauses which state that the real estate agency’s commission should be fully payable when a preliminary contract is signed by the purchaser. Of course, the fact that an initial contract has been signed and a deposit signed is no guarantee that the purchaser will complete on the sale. It is very unfair to the person selling the house that they should pay the entire commission for a sale that has not yet – and may never – take place. Such clauses should be eliminated from any contract signed with a real estate agency.

In Spain it is unfortunately quite common for real estate agencies to attempt to offer services traditionally associated with the legal profession and they create clauses in their contracts relating to all types of issues that, quite frankly, exceed their knowledge.

Both professions have a role to play, but it would be preferable from the client’s point of view that the role of the estate agent be restricted to the promotion of the property and the economical negotiation with the potential buyer, transferring offers and counter offers.

The lawyer, on the other hand, can help the vendor manage the terms of any contract they enter into – either with the purchaser, or indeed with the real estate agency, ensuring, for example, that it does not establish an unfair exclusivity term, an out-of-market commission, a minimum payment corresponding to the sale price and other issues that may arise in the relationship between the seller and the real estate agency.

For legal assistance with the sale of a property in Spain please contact us by phone or using the form below.


Related Services

27 Lawyers Offering Property Sale Services in Spain

Testimonials for our Property Sale service
  • David Stack
    David Stack, Valencia

    Francisca has always been very helpful and professional and has gone out of her way to assist me. All very good!

    Jan 11, 2021
  • Abbie Orsini
    Abbie Orsini, Ibiza

    Cristina was amazing and went above and beyond to assist me in every way in my lengthy process.

    Cristina was extremely professional, responded quickly, provided appropriate solutions and explained everything step by step throughout. I’d highly recommend!!!

    Nov 09, 2020
  • Rod Bellis
    Rod Bellis, Mallorca

    Rosa speaks perfect English. She always responded very quickly addressing the issues raised. She explained how the sale of our holiday home in Majorca would progress and was extremely professional.

    During my career I have worked alongside many well known and respected UK law firms. Rosa was their equal.

    She made the whole process seamless and stress free. She was a credit to your organisation. I rate her exceptional.

    Nov 03, 2020
  • Martin Clifton
    Martin Clifton, Alicante

    My transaction sometimes wasn’t the easiest but José went out of his way to deal with any difficulties and always explained things clearly and concisely. He was proactive and always kept me in touch with how matters were proceeding.

    Dec 05, 2019
  • Robert Stevenson
    Robert Stevenson, Palma de Mallorca

    Rosa is a very likable person, very competent and completely knowledgeable. We will definitely be in touch with her again as and when we need professional help in Mallorca.

    The service was first class and would be hard to improve!

    Oct 03, 2019
  • Graham & Josephine Flinders
    Graham & Josephine Flinders, UK

    Rosa is a excellent lawyer and a extremely nice person, very efficient and helped us though the sale of our apartment.

    It all went very smoothly and it was mostly down to Rosa who dealt with anything that came up in a very professional manner. Rosa explained all what was happening in English and always returned our calls with any answers to our questions.

    Her fees are very very reasonable and we felt we got real value for money, we cannot recommend Rosa enough.she is a throughy nice approachable person.We would not hesitate using Rosa again and have recommended her to other people in majorca.

    Oct 26, 2017
  • YS
    YS, Dubai

    Very Professional. Excellent attitude.

    Reasonable price. Good attention to details.

    Jun 16, 2017
  • Eric Blair Russell
    Eric Blair Russell, Canada

    My lawyer was efficient, professional and prompt – as well as being bilingual.

    I was very satisfied with his work and would be happy to use his service again in the future.

    May 25, 2015
  • Trevor Taylor
    Trevor Taylor, England

    I was put at my ease straight away, never hiring a Spanish lawyer before, I was cautious, but Francisco guided me through the process effortlessly.I thought my case would be tricky and I on my own would never have completed without him. He was a star.

    I have recommended him to some friends of mine who want to sell their business. As for value for money, he was spot on, and very approachable .Full marks from me.

    Aug 22, 2014