Does the law determine how the agent holds the documentation i.e. do we each need hard copies of documents or is it enough to have the info avaialble ready to print thus if requested by a client or an inspector would it be enough to then contact another agent to send via email to us and we print on request?????

Also as this law applies only to Andalucia if the business is registered outside of Andalucia but advertising properties in Andalucia is the agent still required to comply? Similarly do web portals such as Kyero, eyeonspain etc also have to hold all the required documentation?

Many thanks

Louise

Miguel is an Qualified Expert in Spanish Consumer Law and indeed specialises in Decreto 218/2005 and other related Andalucian Laws.

Miguel has kindly agreed to answer as many questions on this Blog, as his busy schedule will allow.

We May break this thread off into a specific Q and A section in the future, your comments on this would also be appreciated.

Thanks Again Miguel!

Conor

Bill Says:

Hi
I would like to know if this law Decree218 applies to a private owner who rents his property occasionally during the summer months, inorder to pay a few bills.

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Hi Bill,

Please note that Decreto 218/2005, Andalucía, does NOT apply for any sales or rentals of homes that are offered directly by the owner of the property.

The Decreto 218/2005 applies only to agencies, professionals, and proeprty developers. Essentially, to intermediaries who charge fees for their sales or rentals services.

Kind regards,
Miguel Lameiro

b warr Says:

thank you the sooner you can advise me the better please, can you also advise me about rental properties is the law for long term rentals or short term rentals thank you for your help

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ANSWER:

Dear bwarr,

The DIA for rentals, if not requested, is optional to submit to a client prior to signing the rental contract. However, it MUST be give, at the latest, at the MOMENT of signing the contract. Please NOTE ALSO, that if a client REQUESTS the DIA for a rental property, at ANY moment, then you must submit the DIA to the client at that moment.

Lastly, the DIA for rental properties is required for ALL rentals, whether short or long term. Please remember that this is a requirement for agencies and professionals only. A private person renting their home does NOT have to submit a DIA to the client.

Kind regards,
Miguel Lameiro

Indeed, Decreto 218/2005 is not applicable to sales or rentals of properties in Andalucia by private individuals who sell or rent their OWN property privately.

b warr Says:

if we are an agent who is advertising an other agents properties do we also have to have all the paperwork or is it only the agent that has listed the property?

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ANSWER:

Dear bwarr,

An agency is required to have ALL required information and documentation as per Decreto 218/2005, whether the property is listed directly by the agency or in collaboration with another agency or developer.

In summary:

-for new developements: be sure to have all required documents and information available AT ALL TIMES (the developer can help by updating all required information, but you are ultimately responsible to ensure that compliance is observed).

-for resales: be sure that, upon a client’s VISIT to the home for sale, that you have all required documents and information available (normally, if you collaborate with another agency, they can easily help comply by bringing the documentation…but you are ultimately responsible to ensure that compliance is observed).

-for rentals: be sure that, upon SIGNING a rental contract, that all required documents and information are available (if it with the help of a collaborating agency, they can help by bringing the required documentation….but you are ultimately responsible to ensure that compliance is observed). And, if a client requests the DIA for rentals at any moment, then it must also be submitted at that time.

Hope this helps.
Kind regards,
Miguel Lameiro

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Ken Spencer Says:

Dear Comply218,

Can you please let me know what protection the real estate company has when providing all the required information to the consumer.

As we all know we fight a constant battle against clients and vendors doing private deals behind our backs after we have made the introduction when if it wasn’t for us the client would not know about the property in the first place!

We are now being asked to provide the owners name and address etc. simply when someone walks into my office or evens enquires via the web site, how can this be possible?

Does this also mean that we have the “legal” right to get the client to sign a binding agreement that if he approaches the owner directly or even purchases the property behind our backs he is the one responsible for paying our commission?

After all, once we HAVE to provide the client with all this information for FREE, why does he need the agent anymore, a loyal client was hard enough to find before, it will be impossible now!

I am all for legislation etc. but how about something to protect us hard working and honest agents who work, employ people and pay taxes on the coast for a change?
March 26th, 2008 at 8:28 pm

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ANSWER:

Dear Ken,

Yes, by submitting a Nota Explicativa on payment terms and methods on properties for SALE, the client is legally required to sign for the document. Hence, it is advisable that when submitting a DIA or Ficha Informativa for sales, you also submit a Nota Explicativa, thus registering the client’s receipt of information.

Also, you will note that in the Ficha Informativa (for resales), there is a required section on the date for the binding relationship between the professional and the client. You can, therefore, indicate the time period that binds the client to you on the sale (you can indicate the time period that is professionally most acceptable, be it 30days, 60days, 90days, 120days, or more, for example. It is possible to see that, indeed, professionals have their interests protected with this protocol. Again, this information for resales must be submitted ONLY upon a client’s visit to the actual home for sale.

With regards to the new development sales, the develoeprs are going to have to accept client registrations (with the signed Nota Explicativa) directly with the agency…indicating the exact date and time of receiving the documentation and perhaps faxing the signed documents to the developer. Previously, clients were registered onsite at the developer’s sales office, but the new transparency of information requires that new development information be given to the client, AT THE SAME MOMENT that they request ANY information on the new development. By making an adjustment to the client registration process with the developers, agencies also have their interests protected.

Lastly, on rentals, There is no obligation to give the DIA until the moment of signing the rental contract (it is optional to give the DIA prior to signing the contract), so professionals have their interests protected. However, be sure to have the DIA and all required documents available, at the latest, for the moment of signing the rental contract with the client. Please note also, that if a client REQUESTS the DIA for rentals, at any moment, then it must be submitted by the agency.

Hope this helps.
Kind regards,
Miguel Lameiro