Source of funds

Does only the agent check source of funds, or the bank too?

Spanish banks are themselves separate sujetos obligados subject to due diligence duties and carry out their own independent assessment when the purchase price is paid — regardless of the agent's check. Bank and agent requirements may differ.

Two things follow that are regularly confused in practice:

  1. The agent's check does not replace the bank's — and equally not the other way round. Both are obliged entities in their own right and each decides for itself.
  2. That the agent raised no objection does not mean the payment will clear smoothly on the banking side. The bank may require documentation the agent did not need.

Your own check is therefore neither dispensable because the bank will check anyway, nor conclusive because it came back unremarkable.

Legal basis: Ley 10/2010, Art. 2.1(l), Art. 6

Practical tip: When a payment stalls at the bank, the notary appointment is already fixed and nobody has time to chase documents from abroad. So ask early which bank the payment will run through — and expect its requirements to differ from yours.

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AI-assisted tools were used in preparing these FAQs; the content was subsequently reviewed and approved by the Doxario editorial team. They reflect the general state of the law as at the review date shown and do not constitute individual legal or tax advice. To assess your own case — particularly where complex structures are involved (offshore companies, trusts, foundations, communities of heirs) or where the new EU rules leave room for doubt — we recommend consulting a lawyer specialising in Spanish anti-money-laundering law and, on tax questions, a tax adviser. Doxario is a deal management and compliance platform for estate agents in Spain, operated by Blue Pepper S.L.; we therefore have an economic interest in the solutions described in these FAQs. Doxario accepts no liability for decisions taken solely on the basis of these FAQs.

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