Buyer’s Agent vs. Seller’s Agent in Costa del Sol. What Should You Know?

Did you know that approximately 90% of individuals intending to purchase property on the Costa del Sol have never even heard of a seller’s agent or a buyer’s agent? If you are considering buying real estate in the Malaga region or, for instance, around Marbella, it is crucial to understand the key difference between a buyer’s agent and a seller’s agent.

These two roles serve distinct interests, which can directly impact the terms of your purchase decision and its ultimate outcome.

What is the difference between a seller’s agent and a buyer’s agent in Costa del Sol?

Many foreign buyers I’ve spoken to prefer working exclusively with a seller’s agent without having their own representative. They often believe that foregoing a buyer’s agent helps them save money since there’s no need to pay a buyer’s agent, making it possible to secure a better deal.

While this perception is common, it doesn’t reflect reality. Here’s why.

Seller’s Agent in Costa del Sol: The Seller’s Representative

The role of the seller’s agent is to represent the interests of the property owner. Their primary task is to ensure that the property is sold at the highest possible price and under terms that are most favorable to the seller.

The seller’s agent focuses on successfully closing the deal for the seller, meaning their loyalty lies with the seller, not the buyer.

Important to Know!
Although Spanish law requires the seller’s agent to inform the buyer of any defects in the property, they are not actually responsible for the property’s condition. This clause is often included in the reservation agreement.

Buyer’s Agent in Costa del Sol: Your Partner and Protector

A buyer’s agent works entirely to protect your interests.

Their primary goals are to:

• Help you find the most suitable property that meets your preferences and budget.
• Negotiate the best price and terms in your favor.
• Review all documentation to avoid legal and technical risks.
• Explain the purchasing process, ensuring you have all the necessary information and peace of mind.

Important to Know!
A buyer’s agent is not responsible for hidden defects in the property and always recommends ordering an independent technical inspection.

Why Can’t a Seller’s Agent Protect the Buyer’s Interests?

If you decide to work with the same agent who represents the seller, an unavoidable conflict of interest arises.

One agent cannot fully protect both the seller’s and the buyer’s interests at the same time. A seller’s agent’s responsibility is to secure the best possible deal for the seller, which means their priorities may not align with yours.

Even though the seller’s agent may be professional and thorough in their work, their loyalty ultimately lies with the seller. This could mean that, as a buyer, you might not receive the most favorable terms or complete transparency.

How Are Seller’s Agents and Buyer’s Agents Compensated?

The seller and the seller’s agent sign a sales agreement that clearly specifies the commission fee. For example, if the commission is 5%, the seller agrees to pay 5% of the property’s sale price to the seller’s agent. This percentage is determined before the sale.

If the buyer has their own representative, the buyer’s agent, the commission is split between the seller’s and buyer’s agents. However, if the buyer does not have their own agent, the full commission (e.g., 5%) goes to the seller’s agent.

Thus, purchasing without a buyer’s agent does not reduce costs for either the seller or the buyer. In fact, not having your own representative may lead to a worse deal and greater risks for the buyer.

Myths About Buyer’s Agents

“A buyer’s agent is unnecessary”

The common belief that a buyer’s agent isn’t needed because the seller’s agent can “help everyone” is incorrect. In reality, the seller’s agent represents only the seller’s interests, not the buyer’s.

“A buyer’s agent is an additional expense”

Many assume that involving a buyer’s agent increases transaction costs. However, in Costa del Sol, the buyer’s agent is compensated by the seller. Additionally, a buyer’s agent often negotiates a lower price and helps avoid costly mistakes, ultimately saving the buyer money.

“A buyer’s agent isn’t independent”

Some believe that agents might have hidden agreements with sellers. A professional buyer’s agent, however, acts exclusively in the buyer’s interests, remaining independent and loyal solely to the buyer.

“Finding property online is easy”

While properties are visible online, a buyer’s agent offers much more than just property searches. They provide market insights, verify documentation, mitigate legal risks, and give access to professional property databases, where 98% of advertised listings are actually available.

Summary

Buying property in Costa del Sol is a significant decision that requires a clear understanding of the roles of seller’s and buyer’s agents.

The seller’s agent always acts in the seller’s interests, focusing on achieving the best price and terms for the seller. The buyer’s agent, on the other hand, is fully on your side—helping you secure the best deal, protecting your interests, mitigating risks, and ensuring transparency throughout the process.

By working with a buyer’s agent, you gain a trusted advisor who saves you time, money, and helps you avoid potential pitfalls.

Don’t leave your property purchase to chance!

Contact us and start your safe journey toward your dream home in Costa del Sol.

📩 Email us: eve@merlishomes.com