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Estate Agents: Who is a qualified estate agent?

 

Note:

This web site has just a representative sample of our properties.  Usually, we have more than 1000 properties on our books.  If you do not see what you want please make contact by clicking on this link:

http://www.pci-international.com/nav/property-consultancy-and-investment-international

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The Laws: Real Decreto 3248/1969

Art. 1.° Mediation and brokerage, in the following transactions, are functions exclusively reserved to APIs.

  • Purchase, sale and exchange of both rural and urban properties.
  • Mortgage finance on both rural and urban properties.
  • Leases of both rural and urban properties; the assignment and transfer of such.
  • 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 Penalde 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.

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 la Propiedad Inmobiliaria (APIs) are now open to anyone, 'without the necessity of having any qualification or being a member of any Institute'

The Spanish Government has, since June 2000, declared a free-for-all in the property market!

September 2007

Anyway, good news at last in Spain for professional estate agents and, no less importantly, for property investors and property purchasers in Spain, whether local or foreign.
Real Decreto 1294/2007, dated 28th. September, has once again restored the APIs (Agentes de la Propiedad Inmobiliaria) to their 'primus inter pares' position in the estate agency sector; uniquely recognised by the Spanish Government and the Ministerio de Viviendas.
The clear message is that, if you want to Invest in Spanish Property Without Stress, look for the API sign. Look for the qualified, registered, internationally recognised and professionally bonded estate agents. It is not too difficult a search. There are 6000 of us throughout Spain, including one or two non nationals such as myself, but... it will be well worth the effort.