In Spain, a large part of the owners interested in selling or renting their home go to a real estate agency, given the advantages that this entails in terms of professionalism and knowledge of the market, however there are certain questions that we must know before hiring them to They will avoid some future problems and that we summarize in these recommendations:
1º There is no regulation that regulates the way in which these services must be provided, so their content will depend on the free agreement between the parties that must be reflected in a contract or commission sheet, to which we recommend that you set a certain period, although can later be renewed.
2º There is no scale to assess the fees for these services, so it will depend on what has been agreed by the parties. They usually refer to a percentage of the sale price or a monthly rent if it is a rental. Therefore, it is essential to previously agree in writing on the brokerage price.
3º The accrual of the fees must be conditioned on the effective sale or rental of the property, without the agent having the right to collect any amount if the operation does not occur, regardless of the announcements that have been made and the visits that are made. have made the property.
4º The person liable to pay for these services must be the one who hires them, these are the seller, however, there are some agencies that demand part of the payment from the seller and another from the buyer, provided that they previously accept it. In rents it is more frequent that both tenant and landlord pay the equivalent of one monthly rent, although it must also be perfectly agreed before formalizing the order.
5º.- Never accept the exclusivity of sale on the property. If the owner accepts this condition, the real estate agent in question will be the only one authorized to sell the property, even if it is sold on behalf of the owner or another agent.
6º Always demand an invoice in legal form (VAT included) from the real estate agency for your professional services, since these expenses may be deductible.
7th The real estate agency will have the right to demand the agreed commission if the steps taken by it have been used to carry out the sale directly, even without their intervention. We are in these cases before an unfair use by the interested parties, usually those forced to pay the commission, regarding the steps taken by the real estate agency to try to avoid paying the fees. If it is proven that the sale was completed thanks to the use of the steps taken by the real estate, it will be entitled to receive the corresponding commission.
8º In the event that several agents have intervened in the sale or lease, they will have to divide the amount of the commission among themselves, without each being able to individually demand the full amount of the agreed commission.
9º When the agent offers other additional services unrelated to the intermediation itself, make sure their prices are competitive or market.
10º Make sure that the agent knows clearly what his conditions of sale or rent are, both regarding the price and the other expenses that the operation entails.