Spanish vs Nordic estate agents – what every foreign buyer needs to know

If you have bought or sold property in Sweden or another Nordic country, you are used to a tightly regulated system: a licensed agent, a transparent bidding process, clear rules protecting both buyer and seller. When you start looking at property on the Costa Blanca, you will find a system that works quite differently. Understanding those differences can save you money and serious headaches.

Licensing and professional requirements

In Sweden, the title of estate agent (fastighetsmäklare) is protected by law. To use it, you need a university-level qualification, registration with the Swedish Estate Agents Inspectorate and compulsory professional liability insurance. There is a formal supervisory body and agents can lose their licence for misconduct.

In Spain, there is no mandatory national licence to work as a real estate agent. Anyone can, in principle, open an agency and sell properties without formal training or registration. Voluntary professional associations exist – such as the API (Agente de la Propiedad Inmobiliaria) – but membership is not required. As a result, the quality and professionalism of agencies varies enormously.

Whose side is the agent on?

In Sweden, the estate agent has a statutory impartial role. The agent must look after the interests of both buyer and seller and has a duty to disclose known defects to the buyer.

In Spain, the agent works exclusively for the seller – it is the seller who pays the commission and whose interests are prioritised. As a buyer, you have no one automatically on your side in the transaction. This is one of the main reasons why appointing an independent lawyer to represent you as a buyer is so important in Spain.

Bidding and price negotiation

In Sweden, the bidding process is open and transparent, with a bidding log that all participants are entitled to see afterwards. The process is regulated by the Estate Agents Act.

In Spain, there is no equivalent regulated bidding system. The asking price is a starting point and negotiation is normal and expected. There is no obligation on the seller to disclose other offers, and nothing is legally binding until a private contract (contrato de arras) is signed and a deposit paid. A seller can walk away from a verbal agreement with no legal consequence.

Commission – who pays and how much?

In Sweden, the agent’s fee is paid by the seller and typically amounts to 1.5–3% of the sale price.

In Spain, the seller generally pays the commission too, but this is not always transparent. Commission rates tend to be higher – often 3–6% – and the same property is frequently listed with multiple agencies simultaneously without exclusivity agreements. This can create confusion and, occasionally, competing commission claims.

The contract process

In Sweden, the agent drafts the purchase contract and oversees the transfer. Completion and payment happen at the same time.

In Spain, the process typically involves three stages:

1. Contrato de arras – a private preliminary contract where the buyer pays a 10% deposit. If the buyer pulls out, the deposit is forfeited; if the seller pulls out, they must repay double.
2. Due diligence period – the buyer’s lawyer checks the property for debts, encumbrances, planning permissions and the seller’s title.
3. Escritura pública – the final deed of sale is signed before a Spanish notary, payment is made and ownership formally transfers to the buyer.

The agent may draft the contrato de arras, but the legal responsibility for checking the property and protecting the buyer’s interests lies with the buyer’s own lawyer, not the agent.

Why do you need a lawyer in Spain?

In Sweden, the agent is the central figure in a property transaction and bears statutory responsibility for the process. In Spain, the agent’s role is primarily one of marketing and introduction. Legal due diligence, contract negotiation and the protection of the buyer’s interests are the lawyer’s job.

A lawyer acting for the buyer in Spain will check, among other things:

• That the property is free of debts, mortgages and encumbrances
• That planning permissions and the first occupation licence (licencia de primera ocupación) are in order
• That the seller has full title and the right to sell
• That the energy certificate and IBI receipts are available
• That community fees are up to date