Who Pays the Real Estate Agent’s Fees?
March 27, 2025

When you decide to buy, sell, or rent a property, it’s normal to wonder who pays the real estate agent’s fees. This cost may vary depending on the type of transaction and the agreement between the parties. In this article, we explain how real estate agent fees work, who pays them, and when they are paid, so you have all the information before taking any steps.
Who Pays the Real Estate Agent’s Fees in a Sale?
In a sale transaction, the seller usually pays the real estate agent’s fees. This is because they are the ones who hire the agency to put the apartment on the market, promote it, attend visits, and manage the entire sales process.
However, in some cases, it can be agreed that the buyer assumes part or all of the fees, but these types of agreements must be in writing and the conditions must be very clear.
If you are in the process of selling, it is important that you know exactly who pays the real estate agent’s fees in a sale and how the agreement with the agency that will accompany you is formalized.
Who Pays the Real Estate Agent’s Fees in a Rental?
In the case of rentals, the situation may vary depending on the type of property and the current legislation. According to the Urban Leasing Law (LAU), the owner must assume the real estate agent’s fees if they are the ones who commission the agency to manage the search for a tenant.
Even so, in contracts prior to the latest legislative changes or in seasonal rental operations, the real estate agent’s fees in a rental may fall on the tenant.
Therefore, before signing anything, review the conditions carefully to find out who pays the real estate agent’s fees in a rental and make sure there are no last-minute surprises.
How are Real Estate Agent Fees Calculated?
Real estate agent fees are generally calculated as a percentage of the sale price or monthly rent. In a sale, the percentage can range between 3% and 5% of the final price of the property. In the case of rentals, it is usually the equivalent of one month’s rent, although it may vary.
It is important to consider whether the agency offers additional services such as legal advice, photo reports, energy certificates, or assistance with notarial procedures. All of this can influence how real estate agent fees are calculated and the value they offer you.
When are Real Estate Agent Fees Paid?
The time to pay the fees may also vary depending on the transaction. In a sale, real estate agent fees are usually paid when the deed of sale is formalized before a notary. In a rental, they are usually paid at the time of signing the contract.
To avoid misunderstandings, it is essential that it be indicated in writing when the real estate agent’s fees are paid, as well as the amount and the services they include.
Choose Espígul as your Real Estate Agency: Clarity and Transparency from the First Moment
At Espígul we offer you professional, close, and clear management. When you trust us, we explain from the beginning what the real estate agent’s fees are, how they are calculated, when they are paid, and what they include.
We work with transparency and commitment so that you can make decisions with all the information on the table. Whether you want to sell or rent a home, you are in good hands.
Contact us and we will resolve all your doubts without obligation!