Specific situations

Does the duty apply to off-market deals as well?

Yes. The AML duties apply to every property sale an agent brokers — whether the property was publicly marketed (on-market) or not (off-market). The duty follows from what the agent does, not from how the property was marketed.

Ley 10/2010 ties the obliged entity's duties to intermediación — the act of brokering itself. Whether the property was on Idealista, in a brochure or offered only by word of mouth is legally irrelevant.

Particular points on off-market deals:

  • Scope unchanged: off-market status changes nothing about the duties. There is no official "higher risk" rule that kicks in automatically — at most it is one factor in the overall picture.
  • EDD risk: where a buyer asks specifically for off-market property and at the same time signals willingness to pay cash or to complete quickly, that is a risk indicator.
  • Documentation: off-market deals must be documented in full as well. The absence of a public listing does not excuse a patchy KYC file.
  • Notary: the notary carries out their own KYC checks independently of the agent; the agent's duties are unaffected.

Legal basis: Ley 10/2010, Art. 2.1 l); general risk-indicator practice

Practical tip: Off-market deals are widespread in the luxury segment, because sellers want discretion. Check especially carefully here, since transparency is lower from the outset.

Related questions

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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