Presta estate

Buyer’s Agent Model: Why Presta Estate Never Represents Sellers

If you’re searching for a buyers agent Spain to help you purchase safely, especially a buyer’s agent for non-residents, the key issue is avoiding conflict of interest. Presta Estate represents buyers only throughout search, negotiation, due diligence coordination, and closing, and we never take seller-side mandates.

TL;DR

  • Buyer-only policy: Presta Estate represents buyers and never represents sellers.
  • No listings mandate: we do not “list” properties on behalf of sellers.
  • Lower conflict risk: we avoid incentives tied to closing any deal or maximizing a seller’s price.
  • Due diligence support: we do in-house document checks and coordinate with independent licensed lawyers when legal work requires one.
  • Transparent compensation: buyer-paid only; no seller commissions and no referral fees.
  • Mortgage brokerage: fixed fee agreed upfront, payable only if the mortgage succeeds, typically at the notary stage when the mortgage deed is ready and purchase signing is imminent.
  • Buyer-only policy: Presta Estate represents buyers and never represents sellers.
  • No listings mandate: we do not “list” properties on behalf of sellers.
  • Lower conflict risk: we avoid incentives tied to closing any deal or maximizing a seller’s price.
  • Due diligence support: we do in-house document checks and coordinate with independent licensed lawyers when legal work requires one.
  • Transparent compensation: buyer-paid only; no seller commissions and no referral fees.
  • Mortgage brokerage: fixed fee agreed upfront, payable only if the mortgage succeeds, typically at the notary stage when the mortgage deed is ready and purchase signing is imminent.

Buyer-only representation in Spain (buyers agent Spain)

Presta Estate’s role is to support the buyer’s objectives: price, risk, timing, financing, and fit, without being simultaneously engaged by the seller.

In practice, a buyer-only policy means:

  • We do not sign seller representation agreements.
  • We do not market or promote properties on behalf of sellers.
  • We can accompany viewings, evaluate options, and negotiate with the seller (or the seller’s agent) from the buyer’s side.
  • We do not sign seller representation agreements.
  • We do not market or promote properties on behalf of sellers.
  • We can accompany viewings, evaluate options, and negotiate with the seller (or the seller’s agent) from the buyer’s side.
1818 Magazine by Stephanie Toole

What a buyer’s agent does (scope, not legal representation)

We help you run a disciplined buying process: clarify requirements, source and shortlist options, compare alternatives, coordinate viewings, prepare negotiation, and manage transaction milestones through to notary signing. We are not a law firm and do not provide legal representation.

Buyer’s agent vs seller’s agent vs mortgage broker vs lawyer (Spain)

These roles are often confused, especially by non-resident buyers, so here is a simple comparison. (For a deeper dive, see: Idealista vs buyer’s agent vs mortgage broker vs lawyer (Spain).)
Role
Buyer’s agent (buyer-only)
Seller’s agent (listing agent)
Mortgage broker
Lawyer (abogado)
Who they represent
The buyer
The seller (typically)
The borrower as a client (varies by model)
The client who hires them (buyer or seller)
How paid
Buyer-paid fee agreed upfront
Often paid from seller-side commission
Fee model varies (fixed fee or bank-paid), should be disclosed
Client-paid legal fees (plus taxes/expenses)
Incentives
Align with buyer outcomes (price/risk/fit) when fee model is buyer-only
Maximize seller outcome (price/terms) and close the sale
Can be aligned with loan approval; must disclose bank ties
Protect client legally; reduce legal risk (not “make the deal happen”)
Scope
Search, evaluation, negotiation support, coordination
Marketing, managing enquiries/viewings, negotiating for seller
Mortgage strategy, bank selection, documentation, approval process
Legal due diligence, drafting/review of contracts, representation, dispute support
When to hire
Before or at the start of your search
When selling a property
Before making offers if financing matters
Early in the process, before signing reservation/arras

Conflict of interest in Spanish real estate (why we never represent sellers)

Real estate transactions create predictable tension points:

  • The seller generally benefits from a higher price and fewer buyer protections.
  • The buyer generally benefits from a lower price and stronger protections (conditions, documentation, and time to verify).

How we prevent conflicts of interest

We treat conflict prevention as both a policy and a process.

When one firm represents both sides, or is financially dependent on the seller side, there is a higher risk that advice and recommendations drift away from the buyer’s interests.

Policies (structural safeguards)

  • Buyer-only mandates: we do not accept seller representation agreements.
  • No seller commissions: we do not take payment from sellers.
  • No referral fees: we do not accept referral fees from third parties (including agents, developers, lawyers, notaries, banks, or other intermediaries).
  • Fee clarity: fees are agreed upfront and documented.
  • Confidentiality of buyer strategy: your budget ceiling and negotiation strategy are not shared as “seller-side intelligence”.
  • Independence on legal work: when legal representation is needed, you choose an independent licensed lawyer (abogado).

Process steps (how it works in practice)

  1. Confirm representation in writing before substantive work starts.
  2. Define objectives and deal-breakers (price, location, liquidity, legal/technical risk tolerance).
  3. Shortlist based on fit and risk, not “what we need to close”.
  4. Run document collection and gap-flagging early so issues surface before irreversible commitments.
  5. Coordinate independent legal review when legal analysis, drafting, or representation is required.
  6. Keep a documented decision trail (options compared, risks flagged, actions agreed) to support informed choices.

Buyer’s agent for non-residents in Spain (what changes)

Non-resident buyers often have tighter timelines, remote decision-making, and bank/mortgage complexity. A buyer-only model helps because it keeps the focus on your constraints (travel, financing, documentation, and risk control) rather than the seller’s timeline.
1818 Magazine by Stephanie Toole

Legal review & due diligence support (high-trust boundaries)

Presta Estate is not a law firm and does not provide legal representation. This page is for general information and is not legal advice. Spanish property purchases can involve legal work that must be performed by a licensed lawyer (abogado) in some cases.

What we do provide is structured coordination and in-house document checking so you can make informed decisions and move efficiently:

  • We help gather, organize, and review key property and transaction documents.
  • We flag inconsistencies, missing paperwork, and common risk areas for follow-up.
  • When an issue requires legal analysis, drafting, or formal legal representation, we coordinate with independent licensed legal professionals (your lawyer, or one you choose).

Fees, compensation & incentives (buyer-paid only)

  • We help gather, organize, and review key property and transaction documents.
  • We flag inconsistencies, missing paperwork, and common risk areas for follow-up.
  • When an issue requires legal analysis, drafting, or formal legal representation, we coordinate with independent licensed legal professionals (your lawyer, or one you choose).

What “in-house document checks” typically includes

Depending on the transaction and the region, in-house checks commonly include reviewing (or helping you obtain) items such as:

  • Land Registry extracts (e.g., nota simple) to understand ownership and recorded charges.
  • Cadastre (Catastro) references and basic alignment checks.
  • Proof of payment status for recurring property costs (where available), such as community fees or local taxes.
  • Basic review of available licenses/permits and certificates provided by the seller (for example, habitability/occupancy documentation and energy certificates, if applicable).
  • Draft deal terms and timelines to ensure documentation is consistent across parties.
  • These checks are not a substitute for a lawyer’s legal due diligence; they are an operational and risk-flagging layer to reduce surprises.

Fees, compensation & incentives (buyer-paid only)

Presta Estate’s compensation model is designed to keep incentives aligned with the buyer.

  • Buyer-paid only: fees are paid by the buyer.
  • No seller commissions: we do not accept payment from sellers.
  • No referral fees: we do not accept referral fees from third parties (including agents, developers, lawyers, notaries, banks, or other intermediaries).

Mortgage brokerage fee (when applicable)

If you use Presta Estate’s mortgage brokerage support:

  • The fee is a fixed fee agreed upfront.
  • The fee is payable only if the mortgage is successful.
  • The fee is typically paid at the notary stage, when the mortgage deed is ready and the purchase signing is imminent.
1818 Magazine by Stephanie Toole

FAQ (buyers agent Spain, non-residents, conflict of interest)

Do you represent sellers?
No, we represent buyers only and do not take seller-side mandates.
Do you list properties?
No, we do not list properties for sellers. We help buyers source and evaluate opportunities across the market (including where properties are marketed by others).
Do I need an independent lawyer?
Often yes, an independent licensed lawyer is the right choice for legal representation. Presta Estate is not your legal representative and is not a law firm.
What does “in-house document checks” mean?
It means we collect, organize, and review documents to flag gaps and risks. If legal work is required, we coordinate with an independent licensed lawyer.
Can you work with my lawyer?
Yes, we regularly coordinate with buyer-selected lawyers by sharing document lists, timelines, and transaction context.
Do you accept referral fees?
No, we do not accept referral fees from third parties.
When is the mortgage fee paid?
At completion (typically at the notary stage) and only if the mortgage succeeds (fixed fee agreed upfront).
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JANUARY, 26 / 2026
Written by Evgeny Shkaraburov
Licensed mortgage broker (Banco de España registration) and property buyer's agent in Spain
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