Specific situations

Does the duty cover seller KYC too, not just the buyer?

Yes. Under Spanish law, an agent mediating a purchase is required to identify and check both the buyer and the seller. The duty applies equally to both parties to the contract.

Art. 2.1 l) Ley 10/2010 defines estate agents as sujetos obligados in their function of intermediación in the sale or long-term letting of property. Due diligence attaches to the business relationship — and that exists with both parties.

Specifically:

  • Identifying the seller: name, date of birth, address, nationality, ID document (DNI/NIE/passport).
  • Seller's UBO: where the seller is a company, the UBO must be established here too.
  • PEP screening: the seller can be a PEP as well.
  • Source of funds: for the seller the origen de fondos check falls away, since they receive money rather than spend it. Exception: in a community of heirs with equalisation payments between them, those payments may warrant checking.
  • Documentation: the seller's data must be documented and retained just as completely.

Legal basis: Ley 10/2010, Art. 2.1 l), Arts. 3–4

Practical tip: Many agents focus on the buyer and neglect the seller — a compliance risk. Request the seller's KYC documents when you take the instruction, not at the notary appointment.

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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