Legal Notice
1. Commissions
In Spain, there are no fixed legal regulations regarding the amount of the real estate agent's commission or who pays it; this is contractually agreed upon. However, the seller usually pays the commission, which generally ranges between 3% and 7% of the property's sale price. In exceptional cases, we are aware of commissions as high as 10%.
The commission for rentals is between 2 and 4 months' rent.
Legal situation and practice
Freedom of contract: The terms and conditions for the broker's commission (amount, due date, paying party) are freely negotiated and determined in the brokerage contract between the broker and his client.
Common practice: In almost all cases, the commission is paid by the seller who hired the real estate agent.
Not a protected profession: The profession of real estate agent was not strictly regulated in Spain for a long time, which underscores the need for a clear, written contract. However, there are newer laws in some regions that introduce a registration requirement for agents to ensure transparency and consumer protection.
Due date: The entitlement to the broker's commission usually arises as soon as a valid purchase agreement is concluded, unless something else has been agreed in the contract (e.g. due date upon conclusion of the private preliminary contract).
Important instructions
Review the contract: Buyers and sellers should carefully review the brokerage agreement and the purchase agreement to ensure that the commission arrangements are clear and meet their expectations.
Exceptions: In some situations, the buyer may also pay a commission to their own, separately appointed real estate agent. However, this must also be stipulated in the contract.
Value Added Tax (VAT): Spanish VAT (IVA) is payable on the real estate agent's commission.
2. Pictures and videos
All images and videos are the property of Mallorca Premium Immobilien Management SL. In most cases, these were purchased from Wix Ltd. or produced on behalf of the company by its employees or third parties. These images do not always depict the actual property but serve solely for marketing purposes. Any claims arising from this against Mallorca Premium Immobilien Management SL are disregarded and rejected. All liability is expressly excluded.