The majority of property purchasers in Spain do so through a Real Estate Agent. A buyer ought to be extremely cautious when appointing one. Regardless of whether they have a large or small portfolio, it is important that they are serious when handling monies. A small real estate agent may have a few excellent properties available for sale and follow the few legalities imposed, directly or indirectly, by the laws and regulations of the trade. A large real estate agent can claim to have thousands of properties in their books and be totally unaware of the minimum requirements for the protection of a prospective purchaser.

Real estate agents are not lawyers, nor they intend to be, but it has to be said that some tend to offer buckets of legal assurance, and also free legal advice, to buyers, in the hope the monies are quickly lodged with them. Because real estate agents are not lawyers, they should refrain from giving qualified legal advice inasmuch as lawyers do not sell properties.

However, registered real estate agents are obliged by the regulations of the trade to check the situation of the properties they sell. But does this really happen? Very rarely. The answer to this can be found in the following:

Real estate agents activity has weak and confusing regulations and laws. Licensed operators do adhere to a set of professional standards.

No licence or authorisation is required. Anyone can sell properties in Spain. Much to the bitterness of registered real estate agents, most of the highest rated agencies in the Costa del Sol are not registered and are not subject to any rule or regulation.

Real estate agents are more worried in looking for buyers and matching them with the available properties than performing the relevant searches on the legal status of the properties.

Even if they had the time, language barrier to some real estate agents is a problem. The understanding of legal terminology is in this case rather poor.

A real estate agent does not get paid for representing the interests of either buyer or seller. They have made possible a deal and do not earn fees if the deal stalls.

A small percentage of operators can be regarded as unscrupulous and self-seeking. What happens to the buyer, or the seller, is not a concern as long as they get their fee.

These factors are compelling evidence and should make buyers realise one thing: buying property is serious enough to merit the intervention of a qualified professional other than a REA with basic knowledge of the laws. There are excellent real estate agents, licensed and not licensed, in Spain, who do what they know best: sell properties with professioanlism. But a real estate agents undertaking the burden of the conveyancing procedure can result in disaster. For all these reasons, marbella-lawyers.com strongly recommends buyers to employ the services of a lawyer.

A lawyer will provide the legal guarantees for the purchase of the property ensuring that Spanish legal requirements are met and that the property is bought free of encumbrances, charges, liens or debts and up to date in all its payments of local contributions and community charges.