This Federation is a professional body that caters solely for British Estate Agents operating on the Spanish mainland and Islands.

It is very useful for private buyers and sellers in Spain to know that the agents have this 'code of practice'.

This Code regulates the activities of its Member agents in the services that they provide.

Member Agents agree to comply with the Code, and any relevant Spanish laws in respect of selling any home.

So what does that mean for you..?

...Well it means that by using Agents that can prove their member status you should avoid any potential problems that some agents may try to cause when a client announces that they are also going to try to sell their home privately, alongside an agents services.

The code of practice asks for some very interesting commitments from its members, and offers both buyers and sellers a degree of assurance and protection that they deserve.

If you want to know more about Selling or buying privately in Spain then visit this Wikizine (online magazine) devoted to this subject. CLICK HERE

Here are the key points of the code (split into 7 sections):


1. General considerations.
i). Members shall not act in any way unprofessional, deceitful, unfair, illegal or dishonest.

ii). Members will reply fully and promptly to all enquiries and queries.

iii). Members will offer equal levels of service all clients.

iv). Members agree to offer their clients sound independent advice. In any case where there is a clear conflict of interest the client must be notified immediately in writing.

v). All agreements will be in writing, and will clearly show the responsibilities of all parties involved.
vi). Members will collaborate with other agents professionally. And the collaboration will reflect the needs of their client at all times.

vii). Members agree that all personal information about any client will remain completely confidential.

viii). Members will keep all their employees fully trained, and fully aware of this code.

ix). Members will carry public liability insurance and indemnity insurance against injury, negligence or mal-practice.


2. Financial considerations.
i). When a Member holds monies, they will be held in a recognised financial institution, in a separate clients account, completely removed from their own funds.

ii) Members that hold clients cash will be fully responsible for the total loss (theft or fire) of any monies held.

iii). Where no contract has been signed by the buyer, Members must refund deposits held in full should he be required to do so by the buyer.

iv). Members will maintain up to date accounts.


3. Taking instructions from Sellers
i).Members may not advertise any property without permission of the owner.

ii) When taking instructions from a seller, Members will have a document signed by the seller showing relevant information relating to the listing.

iii). The agent will provide the seller in writing within 5 working days of taking the listing, a copy of all sales material.

iv). Member Agents agree to describe accurately, all properties they list.

v). Purchasers will be advised of the Agents costs prior to taking instructions.

vi). Should the Seller enter into a “Sole Agency Agreement� with a Member, he must be made aware that should he sell the listed property through another agent or privately, he will be liable to pay full commission.

vii). Members agree not to instruct other agents to sell a property.

viii). When Members are asked to give advice relating to the current market value of any property, the advice given must reflect the current market value.


4. Obligations to Sellers
i). Should a Member receive an offer on a property he must communicate this to the seller regardless of the contents of the offer.

ii) Members will not advertise a property at a different price to that agreed with the seller.

iii). Should the Member hold any keys, then all viewings must be accompanied.

iv). Members must not give keys to the purchaser until after completion.


5. Obligations to Buyers
i). Members agree to advise buyers to seek independent advice.

ii). The sellers response to offers must be communicated to the buyer whether favourable or not.

iii). Should a purchaser enter into a contract to purchase, the agent will ensure legalities relating to the property are correct and that the purchaser is aware of any debts or charges.

iv). The Member will provide a complete after care service for the purchaser.


6. Obligations to other Member Agents
i). Members will maintain a professional stance towards other Agents.

ii). Members will never interfere with other Agents instructions or transactions.

iii) Members may share properties, but all approaches must be made through the listing agent never to the seller.

iv). If a property is viewed by one Member through another, then the viewing Agent is forbidden to list that property directly with the seller.


7. Complaints and disputes
i).The complaints and disputes board is appointed by the Directors of the Federation. They will oversee and adjudicate any formal complaints (received in writing).

iii). All parties in any complaint will be informed in writing of the findings of the board.
iv). Should an appeal be upheld, the matter is considered closed.

v). The decision of the Directors in any complaints procedure is final.

vi). Principles or partners should be aware that as Members of the Federation they are considered to be responsible for the actions of their employees.

So, when buying or selling privately do not be put off of finding a reputable member agent (or agents) to help you with your Spanish real estate adventure, and use their knowledge and experience alongside your own.

But do not rely on them alone!.......explore all avenues and alternatives in order to improve your chances of being successful!

And one of the very best of these is to utilise an on-line private Spanish real estate publisher/advertiser like Spanish Sales Direct.