Who are you actually a client of when you buy a home in Spain?

You have found the flat. The agent is friendly, replies quickly and speaks your language. The website looks professional.

But who are you actually about to sign an agreement with?

Few buyers ask that question, which is a shame, because in Andalucía there is still no working register that an estate agent has to be on. In practice, almost anyone can print a business card and call themselves an agent. A new law has set requirements, but the change takes time, and in the meantime the checking is up to you.

The good news: it takes five minutes, and you do not need a lawyer to do it.

Why there is no safety net yet

In many countries, estate agency is a regulated profession with licences, qualification requirements and rules on client money. Spain has not had anything like that nationally. The title API (Agente de la Propiedad Inmobiliaria, a qualified estate agent) exists, but since 2000 Spanish law has allowed anyone to work as an agent without a professional title or membership of a professional body. The result is a market with very skilled, experienced agents alongside people who started yesterday.

This is starting to change in Andalucía. The region's new housing law created a compulsory register of estate agents, in force from 24 January 2026. The requirements are already set out: the person in charge must hold a recognised qualification or have at least four years of documented experience, the business must complete training specific to the sector, and it must have either a guarantee covering the money it receives from clients or professional liability insurance. An agent must also give you the policy or guarantee number if you ask. In September 2026, however, the Junta de Andalucía announced that it will propose an amendment so that registration is no longer a condition for working as an agent.

The register itself is not up and running yet either. The regional government has until January 2028 to set it up. Until then, you cannot look an agent up in a public register and get an answer.

So you need to check in other ways.

Four things you can check yourself

1. Is there a company in the website footer, with a tax number (NIF)?

Spanish law requires a company running a website to give its full company name, its Spanish tax identification number (NIF), its address, an email address and its registration details in the Registro Mercantil. Easy to find, not hidden away.

If all you find is a first name, a mobile number and an Instagram account, you already have your answer.

2. Look up the company.

With the NIF, you can look the company up in the Registro Mercantil, the Spanish companies register, for a small fee. You will see when it was set up, its registered address and who runs it.

A company set up three months ago is not automatically a problem. But it is worth knowing when you are about to put several hundred thousand euros on the table.

3. Ask who is responsible, and what their background is.

This is the simplest and most revealing question you can ask: who in the company is professionally responsible for my purchase, and what is their background?

A serious agent answers without hesitation. The requirements in the new law are about exactly this: qualifications, experience and training. Agents who already meet them are usually happy to tell you.

4. Find out who pays the agent.

On the Costa del Sol, in our experience, it is normally the seller who pays the agent's commission. That is worth knowing, because it tells you something about who the agent works for.

It does not mean a good agent cannot look after you as a buyer. Many do exactly that, and build their whole business on repeat clients and referrals. But you should know how the money flows, and you should ask straight out whether the agent also represents the seller in your particular purchase.

Two registers people mix up

This causes a lot of confusion, so it is worth separating them:

Registro Mercantil is the companies register. That is where you find the company: the agent, the developer, anyone running a business.

Registro de la Propiedad is the Land Registry. That is where you find the property, who owns it and what charges are registered against it, such as a mortgage. Unpaid community fees do not normally appear there: the seller documents those with a certificate from the owners' community.

You need both. The Land Registry extract is called a nota simple. Ordered from registradores.org, it costs 9.02 euros plus tax, and you can ask for an English translation of the information for 30 euros plus tax. Get one before you sign anything at all, including a reservation agreement. Our article on the buying process from reservation to keys shows where it fits in.

What about the company structure?

It is common for an estate agency on the Costa del Sol to be a Spanish SL or SLU (a Spanish limited company) owned by a company in another country. A parent company abroad, a subsidiary in Spain.

That is perfectly normal, and often the tidiest way to work across borders. But you should know which of the companies you are actually signing with. That is the name on the agency agreement and on the invoice, and that is who you deal with if something goes wrong.

Ask. A company that will not tell you who you are a client of has given you an answer anyway.

The short version

Five questions cover almost everything:

• Which company am I signing with, and what is its NIF?
• Who is professionally responsible for my purchase?
• Who pays your commission?
• Can I have a nota simple for the property before I sign anything?
• Do you have liability insurance or a guarantee for client money, and what is the policy number?

An agent who finds these questions uncomfortable has saved you a lot of work.

We are happy to answer all five

At Solkystmegleren we are registered in Spain, and we always recommend that you use an independent lawyer who goes through the legal side before you sign. Our buying guide explains the steps.

We answer the questions above without you having to ask nicely, and if you want the documentation in writing before we even talk about a property, you will get it.

Get in touch for a no-obligation chat.

This article is general information, not legal advice. The rules for estate agents in Spain are changing, and they vary between regions. Always have a lawyer look at your specific situation before you sign.