In Spain, most estate agents are paid by, and act for, the seller. A buyer’s agent represents only you, the purchaser. The difference matters because dual roles, where one firm sits between both sides, carry an inherent conflict of interest. Conflict-free representation puts a single duty, to the buyer, at the centre of the transaction.
Who pays, and who the agent acts for
The estate-agent fee in Sitges is typically 3-5% plus IVA and is paid by the seller. That commission shapes the relationship: a traditional agent’s instructions, and their incentive, flow from the party who pays them. They market the seller’s property and work to achieve the seller’s best price.
A dedicated buyer’s agent reverses this. They are engaged by, and answerable to, the purchaser alone. Their role is to find suitable property, assess value against the market, negotiate downward, and advise candidly, with no parallel duty to the seller pulling the other way.
The conflict of interest in dual roles
When the same firm represents both seller and buyer on one deal, it cannot fully serve both. The seller wants the highest price; the buyer wants the lowest. A single intermediary holding both mandates has a structural conflict, and the buyer is usually the party without independent counsel.
Conflict-free representation removes that tension by design. One agent, one client, one undivided duty. Advice on price, condition, and negotiation strategy is given without regard to closing the seller’s sale.
Off-market access and whole-of-market search
A buyer’s agent works across the whole market, not a single firm’s stock. That includes properties marketed by other agencies and quieter, off-market opportunities shared between professionals before public listing.
Because the agent is not tied to selling a particular listing, the search stays genuinely matched to the buyer’s brief, budget, and timeline rather than to whatever inventory needs moving.
Professional standards and the REALTOR® code
Spain’s API and AICAT licences set the legal baseline for practice and are held by many agents. REALTOR® membership, held in Spain through SIRA, the partner of the US National Association of REALTORS®, is far less common and adds a published Code of Ethics with a clear duty of honesty and fair dealing to the client.
Barleigh Ellis holds the API and AICAT licences and is among only a handful of REALTORS® in Sitges, verifiable in NAR’s public directory. For a buyer, that framework reinforces the central point: representation that is documented, accountable, and on your side.
| Aspect | Traditional estate agent | Buyer’s agent |
|---|---|---|
| Acts for | The seller | The buyer only |
| Paid by | Seller (3-5% plus IVA) | The buyer |
| Goal on price | Highest price | Best value for buyer |
| Property scope | Own listings | Whole market, incl. off-market |
| Conflict of interest | Inherent in dual roles | Removed by design |
Guias relacionados
Serviço de agente do comprador ·Agentes imobiliários em Sitges ·Choosing an agent ·About Ronei Kolesny.
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Perguntas frequentes
Does the buyer pay the estate agent in Spain?
Usually not. The estate-agent fee, typically 3-5% plus IVA, is paid by the seller, and that agent acts for the seller. A dedicated buyer’s agent is instead engaged and paid by the purchaser, which is what makes their duty, and their advice on price and negotiation, genuinely independent of the sale.
What is the conflict of interest in dual agency?
When one firm represents both seller and buyer on the same deal, it cannot fully serve both: the seller wants the highest price and the buyer the lowest. That structural tension means the buyer often lacks independent counsel. Conflict-free representation avoids it by keeping one agent answerable to one client only.
Can a buyer’s agent show me off-market properties?
Yes. Because a buyer’s agent is not tied to a single firm’s stock, they search the whole market, including properties listed by other agencies and off-market opportunities shared between professionals before public listing. The search stays matched to your brief, budget, and timeline rather than to inventory a particular agency needs to sell.
Why does REALTOR® membership matter for representation?
Spain’s API and AICAT licences are the legal baseline and are widely held. REALTOR® membership, held in Spain through SIRA, the NAR partner, is uncommon and adds a published Code of Ethics with a duty of honesty and fair dealing to the client. Barleigh Ellis is among only a handful of REALTORS® in Sitges, verifiable in NAR’s directory.