How to register in the Registry of Real Estate Agents of Andalusia

A Real Estate Agent who aspires to register in the Registry of Real Estate Agents of Andalusia must comply with a series of requirements and assume fundamental commitments to guarantee transparency, ethics and professionalism in their work.

Requirements for registration in the Registry:

The agent must demonstrate professional training in accordance with established regulations. In addition, you must have an establishment open to the public or a physical address if you offer services electronically or telematically. Taking out a Professional Civil Liability insurance policy, with permanent validity, is essential to support your mediation activity. Likewise, the absence of a criminal record is required, except for exceptions established by regulation. The constitution of a guarantee of permanent validity to respond for the amounts handled in your professional practice is an additional requirement.

Obligations in the exercise of the activity:

Once registered in the Registry, the Real Estate Agent acquires fundamental obligations to ensure responsible practice:

1. Information to interested parties: You must inform all parties involved about their rights and obligations in the operation, as well as the urban planning, technical, rehabilitation, energy efficiency, environmental, fiscal, or other regulations imposed by the Administration competent in real estate matters, referring to the homes or buildings that are the object of their intervention.
2. Quantity return guarantee: Commitment to guarantee the return of amounts delivered on account of the purchase of housing or as a deposit or deposit, in all its modalities, provided that you must be responsible for them and they have not been delivered to the corresponding recipient.
3. Compliance with consumer protection regulations: It must comply with current regulations on consumer and user protection, highlighting state or regional legislation regarding consumer information in the sale and rental of homes.
4. Subscription of custom notes: Commitment to sign commission notes with those who require their services, granting them the authorization to offer the property and provide it with appropriate advertising, as well as to receive or dispose of amounts delivered by the plaintiffs. In addition, it undertakes to formalize pre-contracts or contracts on behalf of the bidders.
5. Information on protected housing contracts: You must provide detailed information on the applicable regulations when intervening in contracts that involve protected housing.

These requirements and obligations stand as essential pillars to ensure an ethical, transparent real estate practice in compliance with current regulations.

The reality in Andalusia

In Andalusia, although there is a law to regulate the activity of intermediation in real estate sales, the regulation of this issue is "on hold." In other autonomous communities, such as Catalonia and the most recent Valencia, registration is mandatory to practice real estate intermediation.

According to existing information, the response to this question from the current political administration of Andalusia is based on two arguments for not complying with the legal mandate regarding the establishment of a registry of real estate agents, namely:

1. Absence of litigation in Andalusia regarding real estate intermediaries.
2. The objective of simplifying administration and not imposing new regulations.

This means that, at this time, any company or self-employed person can carry out this work.

For more official information the Decree that creates the Registry of Real Estate Intermediary Persons and Agencies of Andalusia and regulates its operation.