Seller's agent and buyer's agent: whose side each one is on

The seller's agent works on the owner's instructions, and in Catalonia those instructions are put in writing: without a nota de encargo (the written brief the owner gives the agency) the agency may not advertise someone else's flat, and charging both sides of the same transaction is prohibited unless there is an express agreement (art. 55 of Llei 18/2007 on the right to housing, the Catalan housing law). If the buyer pays more than 1% of the price on account, an extended package of written information is due before payment (art. 60).

A buyer's agent is an intermediary who signs a contract with the buyer, is paid by the buyer and answers to the buyer. On paper both do the same job. In practice they stand on opposite sides of the price.

Whom does the agency that placed the listing represent

The seller. The law requires the agent to sign a nota de encargo with the owner before any advertising of the property, and lists what it must contain (art. 55.6 of Llei 18/2007):

• the agent's name and number in the register of estate agents;
• who the owner is, the term of the instruction and a description of the transaction;
• the flat's land registry details, charges and the legal circumstances the owner must disclose, including litigation;
• the asking price;
• the agent's fee and how it is paid, and the rights and obligations of the parties.

That explains the logic of the role. The seller's agent is paid when the flat is sold, and it is sold on the client's terms. The agent is under no obligation to tell the buyer the price is too high, and will not reveal the lowest price the owner would accept. This is not bad faith, it is how the contract is built.

What the seller's agent must tell the buyer

The seller's agent must give the buyer written information before the buyer pays anything towards the price. The minimum under art. 60.2: which agents are involved in the transaction, the usable floor area of the flat and its annexes, the registry reference, and the full price with the taxes and costs that by law fall on the buyer.

If the amount paid on account exceeds 1%, the list grows (art. 60.3): the age of the building, common and individual installations, whether the flat is occupied, charges on the Registro, the cuota de participación (the flat's share in the common elements), and fees and debts owed to the comunidad de propietarios (owners' association). For the physical condition of the flat, the law treats the information in the cédula de habitabilidad (habitability certificate) as sufficient (art. 60.4).

One more rule concerns the agent: before signing any document on the transaction with third parties, the agent checks the owner's details, the title and the charges on the Registro (art. 55.7). That check protects the transaction, but it does not replace the one the buyer commissions from their own abogado (lawyer).

How the roles in the transaction differ

The difference shows in five questions. The middle column follows from the law, the right-hand one from the contract with the buyer.

Can one intermediary work for both sides

The law allows it only with express agreement: being paid by both sides for the same transaction is prohibited, "salvo que haya un acuerdo expreso" (art. 55.6.i). Legally the arrangement is possible; in practice the interests diverge on the main point: one side needs a higher price, the other a lower one.

If such an arrangement is offered, the questions are asked before the viewing and the answers taken in writing: who signed the contract with the intermediary, how much each side pays, what the intermediary will do when the interests collide. The detailed list of questions is in the piece on how to check for a conflict of interest. Who pays the agency and how much in Barcelona is covered in the article on the agency's commission.

How to check the intermediary before paying a deposit

The check takes one conversation and a couple of emails, if done in order.

1. Registry number. The Registre d'agents immobiliaris de Catalunya is public and mandatory (Generalitat). A missing entry does not make contracts invalid (art. 56.4), but it is a reason to ask further questions.
2. Whose instruction it is. Ask whether a nota de encargo exists, for what term and whether it is exclusive. That determines who else can sell the flat.
3. Who pays. Find out whether the agency charges the buyer and on what basis. Read the hoja de visita (viewing sheet) before signing it.
4. Written information. Before any payment, ask for the art. 60 details and, if the amount exceeds 1% of the price, the full package.
5. Price. Check it against closed transactions, not neighbouring listings: see the analysis of the gap between asking price and closing price.
6. Lawyer. The arras contract (deposit contract) is reviewed by an abogado who works for the buyer, not for the agency.

Who does not need a buyer's agent of their own

A separate representative is not needed by someone who knows the district and prices, speaks Spanish or Catalan, and is ready to negotiate and to coordinate the lawyer, notary and bank personally. In such a deal the seller's agent plus an independent abogado cover the task.

It also does not fit when the buyer has already chosen a specific flat and the price has been checked against transactions: what remains is the legal part, and the lawyer does it. An intermediary of one's own is justified when the purchase is made remotely, the market is unfamiliar or there are many properties to compare. In those cases DNPI Capital starts with a property valuation, and the way of working is described on the approach page.