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Who is a qualified Estate Agent?

The Laws: Real Decreto 3248/1969
Art. 1.° Mediation and brokerage, in the following transactions, are functions exclusively reserved to APIs.

a) Purchase, sale and exchange of both rural and urban properties.
b) Mortgage finance on both rural and urban properties.
c) Leases of both rural and urban properties; the assignment and transfer of such.
d) The issuing of reports and expert opinions requested on the sale, assignment or transfer value of property referred to in the foregoing three parts.


Penal Code: Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal de Intrusión.

ART. 403
He who engages in activities relating to any specific profession, and who lacks the corresponding academic title issued or recognised in Spain, shall in conformity with existing legislation, incur a penalty ranging from six to twelve months in duration. If the activity carried out requires an official qualification which provides the legal capacity and skills necessary for such activity and the person carrying out such activity is not in possession of the appropriate qualification; then there will be imposed a sentence of from three to five months.

Furthermore, if the guilty person publicly holds himself out as being a professional with the appropriate qualification, a prison sentence of from six months to two years will be imposed.

Any other spurious qualifications, or purchased awards, are just that: spurious. The API qualification can only be acquired by examination in Madrid. It cannot be purchased or rented!

People dealing with such unqualified 'agents' could place themselves and the relevant transaction or contract at risk.


New Royal Decree:

Royal Decree-Law 4/2000, of June 23, of urgent measures of liberalization in the real estate sector and transport.

The activities that up to now were reserved exclusively to members of the Colegio of the Agentes de al Propiedad Inmobiliaria (APIs) are now open to anyone, ”without necessity of having any qualification or being a member of any Institute.”


The Spanish Government has now declared a free-for-all in the property market!

 

Office hours (local time) are:

9AM - 5PM [Mondays/Fridays] and [July and August 9AM ­ 2PM]
9AM - 1PM [Saturdays].