Selling
Estate Agency Agreements: Terms Sellers Should Read Carefully
Read an estate agency agreement before listing in Spain: service scope, fees, exclusivity, renewal, cancellation, buyer introductions and authority to act.
Published · 4 min read
By Costa de Oro · Real-estate agency · Marbella & Costa del Sol
Identify the parties and the property
Check the agency’s legal name and contact details, the sellers and the precise property covered by the instruction. Include any garage, storage room, land or furniture relevant to the sale. Ask how co-owners will approve the appointment and later decisions.
Confirm who may communicate instructions and who has authority to sign. Being the family’s contact person is not the same as being authorised to bind every owner. Leave no important blank spaces in the document you sign and retain all annexes.
Write down the promised service
Ask for the marketing and administrative tasks to be described clearly: photographs, portals, viewings, feedback, offer handling and document coordination. Distinguish included work from optional services and agree how additional spending is approved.
Discuss access, key custody, occupied-home viewing arrangements and approval of photos. Ask how corrections, price changes and removal of adverts will be handled. A verbal promise is easier to misunderstand than a specific commitment recorded in the agreement.
Separate the fee amount from the payment trigger
Identify the fee or calculation formula, applicable taxes, minimum charges, extra costs and when an invoice becomes payable. Ask whether any entitlement could arise at an accepted offer, private contract or completion, and have the wording explained using examples.
Also discuss a failed transaction, your decision not to proceed and a buyer introduced by someone else. Do not assume that no completed sale always means no amount is due, or that a clause demanding payment is automatically valid. Obtain advice on any unclear or disproportionate provision before signing.
Read exclusivity and later-introduction clauses together
Check whether you may appoint another agency or sell directly and what consequences the contract states. Tell the agent about existing interested buyers and earlier instructions. Ask for any agreed exceptions to be recorded by name or another clear identifier.
Some agreements address later sales to buyers introduced during the instruction. Ask about the period, evidence of introduction and circumstances covered. Keep viewing records and resolve overlaps before making a new appointment; do not accept an unlimited or unclear provision without independent review.
Make duration and ending the agreement practical
Record the commencement and expiry dates, any automatic renewal, the notice deadline and the accepted delivery method. Ask for an acknowledgement when giving notice and keep evidence that it reached the correct recipient. Cancelling an advert and ending a contract are different actions.
Where you contract as a consumer remotely or away from business premises, statutory withdrawal rights may be relevant. Ask for the applicable information before signing and advice before requesting an immediate service start. Signing in an office does not itself create a universal cooling-off right. Do not confuse statutory withdrawal with contractual termination.
Define authority over offers and money
Ask whether the agency is only communicating offers or is authorised to accept terms, sign documents or receive funds on your behalf. Any wider authority needs careful understanding. Check how reservations are recorded, where money is held and who decides on a refund.
The agency instruction is separate from the buyer’s reservation or sale contract. Have the appropriate adviser review those documents before you commit. Verify payment instructions through a trusted contact, particularly if account details change unexpectedly.
Keep a complete file and resolve questions early
Retain the signed contract, annexes, approved marketing, invoices, notices and important correspondence. Ask for a readable version in a language you understand and sufficient time to review it. For a disagreement, set out the issue and requested resolution in writing, then seek consumer or legal advice as appropriate.
Before listing with Costa de Oro or another agency, ask for a written explanation of the service, fee scenarios and exit arrangements. A careful review at the start gives both sides a clearer basis for managing your sale.
Common questions
Is the agency instruction the same as an arras contract?
No. The agency agreement governs the service relationship; arras or another buyer agreement concerns the proposed purchase. Review each separately.
Do I always have 14 days to cancel?
No. Statutory withdrawal depends on consumer status, how the contract was concluded and other conditions. Ask for case-specific advice rather than assuming every instruction has a cooling-off period.
What should I do about automatic renewal?
Identify the deadline and notice method before signing. Keep proof of any termination notice and ask for written acknowledgement.
