When it comes to buying a property, whose side is the agent on?

When I bought my property here, I saw it in the agent's window, but instead of going in, I took down the details of the property, went home and searched for it on the internet. I saw it advertised on a website and called the owners directly. We haggled on price, I got them down a few grand and bought it without going through the agent. There were no problems with the purchase and I saved thousands.

I don't know if the law is the same as it was seven years ago but if you made an enquiry for the property with the agent and then decided to buy it, you had to do so through the agent. If not, they could make a claim against you. However, if you simply went directly to the seller, you were under no obligation to the agent, and as the commision is charged to the buyer and not the seller, the seller wasn't obliged to use the agent either.

Of course, if you really need peace of mind, the agent maybe the only way to go, but in Spain it's very common to buy and sell property without using an agent. 

Kelju,

Have a search on the internet to see if the property is still for sale. You could still be in luck.

Maybe the last post should tie-up with the  ‘Glass Houses’ thread.

Whilst it may not be illegal,  if one could prove that the buyer got the info from the agent, by any means, they probably would have a claim on the seller. (I am pretty sure Baz would see that as dishonest). Just a thought.

As for the buyer being responsible for the commission:  The sales contact, between the seller and the agent, obliges the seller to pay the commission.  Thus any legal action could only be taken against the seller.   A prospective buyer in normal circumstances, has no contract with the seller's agent.

That be like seeing a washing machine in one shop, buying it from another and then being obliged to pay the first shop some commission !!

When I first bought property here, I was led to believe that the buyer, not the seller was the one who paid the estate agent's fees, the opposite of the way it runs in the UK. It looks like I was given some bad information by my Spanish friend.

However, I saved a lot of money by buying direct from the seller and although I saw the property in the shop window, I didn't make any enquiry through the agent and I don't feel I did anything dishonest.  A seller asks an agent to sell their property, but they can also advertise it anywhere they want. Legally. Therefore when someone contacts them about viewing/buying it, they are not obliged to inform the agent or sell it through them if the agent isn't mentioned. Asking an agent for details or arranging a viewing and then trying to buy privately...That's wrong and could land both parties in trouble, but proving that you saw it whilst walking past their window and making a claim...That's going to be very difficult.

Completely in agreement with Elaine on this (wonders never cease) - it is always the seller who has a contract with the agent, and therefore is responsible for the commission. After all, it is the seller who first approached the agent and made an arrangement. It's just logic.

As for buying / not buying through the agent where you first saw the property advertised, again, unless you actually viewed the property and signed something to the effect that you would not buy the property through any other agent, you're free to shop around - the property may well be offered by various agents, and possibly at different prices, if the seller has not been sensible enough to insist that they all list it at the same price. If you see varying prices, it's easy to work out which agents are trying to rip off both the seller and buyer.

I also agree with what Elaine is saying. It seems illogical that the buyer would be charged and not the seller. I was told years ago by a Spanish friend that it was this way round and although it seemed strange, being Spain I thought it was very possible. After a quick look on the internet, it appears that this is a rule that's not set in stone. The majority charge the seller, but many, as it seems, are charging a fee to both parties. I have no idea on whether or not this is legal.