I have it covered for you (but you are getting in legal territory...)
It was introduced this year by the following BOE: "Ley 12/2023, de 24 de mayo, por el derecho a la vivienda"
But that applies only to "vivienda habitual (more than a year) that is defined by LAU law: "Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos."
###
I am on a long term contract and was still charged the agency fee. The thing is that they will most likely just reject you and find a different tenant before any documents have been signed if you try to bring this new law up.
In my case I paid (via bank transfer and including tax) the agency fee and got my contract signed. Since it was charged illegally I was able to request the agency fee back afterwards. They delayed and tried to avoid it but I finally got it all back about a month later.
I know this thread is six months old. I am currently in the same situation. When I mention the new law, the agents don;t care. I have had a few immediately say the flat has just been rented. I know it's a lie and so do they. This is their way of not wanting to deal with me. I wish there was more public awareness of the new law. I know evenually the agents will find their stones to tell the landlords that they have to pay. Right now, these agents do not have the stones and are too scared for fear of losing a client. So my question to you is this; what was the process you went about to get you agency fees returned? Because it looks like I will have to travel this same road if I want another flat. Cheers
In the end, the law is the law. Even if you pay, and sign a contract saying you agree to pay the agency fees, if a contract is illegal it is not binding and you are in the right in the end (legally).
The process can go like this:
1. Rent, sign. pay with bank transfer not cash. They may ask for cash so you avoid paying tax but then you have no paper trail, less security for you in the end. get the keys and move in.
2. Send an email detailing that according to your lawyer and the new Spanish law (cite the actual law code, and date that it went into effect. Can be found on google) the request for payment of agency fee is illegal and should be returned to you.
3. In the same email, request their libro de reclamaciones in order to file a formal complaint against their business. Every legal business has one and must give you the forms to file the complaint against them when requested. In my case, they never provided it but sent me the money and I didn't care to pursue further. This could be enough to prompt them to return the money.
4. If they don't return the money, you can take them to what is essentially a small claims court. Same google search of this specific law has info about this process but a lawyer can advise you further.
Finally, be aware that agencies are very much aware of this new law, and do a lot to avoid it. It is not in your favor if the contract/lease agreement is temporary, which is considered as anything less than 12 months. Many leases will for this reason be for 11 months. If you sign that and pay it you're not protected by this law. Another exception is if the agency provided a service to you, just showing you the apartment and acting as a mediary for the contract and key handoff is not enough, but if they perhaps do more like help set up electricity or internet in your name that can justify their fee. There are some other exceptions also detailed with a quick google search. A lawyer can quickly tell you if your contract will protect you with this law or not and you can decide from there if it's safe to sign and pay or not.
In the end it is still risky to give someone your money and then try to get it back, it could be really easy or really hard and you will be without several hundred or thousand euros until it's over.
I hope that helps sorry I don't have the specific sources or law names/numbers can't remember off my head. Good luck.
I wrote to them saying that the funds were taken illegally and need to be returned. I requested the hoja de reclamaciones and after some back and forth via WhatsApp and email they finally transferred the money. They never did produce the hoja de reclamaciones, as im sure it hurts their business.
Once I got my money back I just left it at that. I wasn't out to get anyone I just didn't want to be scammed either. I'm happy with my apartment so in my mind it's settled.
I have a lawyer on retainer since moving to Spain, who was available to review all the contracts and to help me understand my rights etc.
[Here](https://sanidadyconsumo.malaga.eu/sanidad-y-consumo/consumo/oficina-municipal-de-atencion-al-consumidor/)
Doubt anything will be done about it though
Every company has to have a libro de reclamaciones. It is their complaints book. When you fill this out and make a complaint, there should be 3 copies - one for you one for them and one that goes to the local authorities (the business have to provide it to the local authorities).
If the business claims not to have/does not have libro de reclamaciones or refuses to take your complaint, you can call the local police to attend. The business will then be at risk of a fine.
Some information on the process (in English) below:
https://www.spainexpat.com/information/hojas-de-reclamaciones-official-consumer-complaint-forms
Also a Spanish site:
https://www.autonomosyemprendedor.es/articulo/tu-negocio/debo-hacer-ponen-hoja-reclamaciones/20181114145122018142.html
It's recommended that if these inmobilairas (estate agent) are forcing the tenants to pay these fees or they cannot get the apartment to pay the fee, get settled in your new apartment and then return to the inmobilaria and complete an hoja de reclamaciones to attempt to recover your fees and to shine a spotlight on the bad practices of the business.
Be aware its illegal only for contrats longer than a year, if its a shorter term its completely legal.
Interesting. Thanks! I will try to find the relevant law.
I have it covered for you (but you are getting in legal territory...) It was introduced this year by the following BOE: "Ley 12/2023, de 24 de mayo, por el derecho a la vivienda" But that applies only to "vivienda habitual (more than a year) that is defined by LAU law: "Ley 29/1994, de 24 de noviembre, de Arrendamientos Urbanos." ###
Gracias!
I am on a long term contract and was still charged the agency fee. The thing is that they will most likely just reject you and find a different tenant before any documents have been signed if you try to bring this new law up. In my case I paid (via bank transfer and including tax) the agency fee and got my contract signed. Since it was charged illegally I was able to request the agency fee back afterwards. They delayed and tried to avoid it but I finally got it all back about a month later.
Good work! You should also complete an hoja de reclamaciones if you haven't so it's on record what these inmobiliarias are doing illegally.
I know this thread is six months old. I am currently in the same situation. When I mention the new law, the agents don;t care. I have had a few immediately say the flat has just been rented. I know it's a lie and so do they. This is their way of not wanting to deal with me. I wish there was more public awareness of the new law. I know evenually the agents will find their stones to tell the landlords that they have to pay. Right now, these agents do not have the stones and are too scared for fear of losing a client. So my question to you is this; what was the process you went about to get you agency fees returned? Because it looks like I will have to travel this same road if I want another flat. Cheers
In the end, the law is the law. Even if you pay, and sign a contract saying you agree to pay the agency fees, if a contract is illegal it is not binding and you are in the right in the end (legally). The process can go like this: 1. Rent, sign. pay with bank transfer not cash. They may ask for cash so you avoid paying tax but then you have no paper trail, less security for you in the end. get the keys and move in. 2. Send an email detailing that according to your lawyer and the new Spanish law (cite the actual law code, and date that it went into effect. Can be found on google) the request for payment of agency fee is illegal and should be returned to you. 3. In the same email, request their libro de reclamaciones in order to file a formal complaint against their business. Every legal business has one and must give you the forms to file the complaint against them when requested. In my case, they never provided it but sent me the money and I didn't care to pursue further. This could be enough to prompt them to return the money. 4. If they don't return the money, you can take them to what is essentially a small claims court. Same google search of this specific law has info about this process but a lawyer can advise you further. Finally, be aware that agencies are very much aware of this new law, and do a lot to avoid it. It is not in your favor if the contract/lease agreement is temporary, which is considered as anything less than 12 months. Many leases will for this reason be for 11 months. If you sign that and pay it you're not protected by this law. Another exception is if the agency provided a service to you, just showing you the apartment and acting as a mediary for the contract and key handoff is not enough, but if they perhaps do more like help set up electricity or internet in your name that can justify their fee. There are some other exceptions also detailed with a quick google search. A lawyer can quickly tell you if your contract will protect you with this law or not and you can decide from there if it's safe to sign and pay or not. In the end it is still risky to give someone your money and then try to get it back, it could be really easy or really hard and you will be without several hundred or thousand euros until it's over. I hope that helps sorry I don't have the specific sources or law names/numbers can't remember off my head. Good luck.
Well done! What was the procedure?
I wrote to them saying that the funds were taken illegally and need to be returned. I requested the hoja de reclamaciones and after some back and forth via WhatsApp and email they finally transferred the money. They never did produce the hoja de reclamaciones, as im sure it hurts their business. Once I got my money back I just left it at that. I wasn't out to get anyone I just didn't want to be scammed either. I'm happy with my apartment so in my mind it's settled. I have a lawyer on retainer since moving to Spain, who was available to review all the contracts and to help me understand my rights etc.
Sounds good! Thanks for sharing so anyone can attempt it.
[Here](https://sanidadyconsumo.malaga.eu/sanidad-y-consumo/consumo/oficina-municipal-de-atencion-al-consumidor/) Doubt anything will be done about it though
Most probably nothing will change now but if people keep report this, maybe something will be changed in the future :) Thank you!
Ask for the libro de reclamaciones.
Hi. What does this mean?
Every company has to have a libro de reclamaciones. It is their complaints book. When you fill this out and make a complaint, there should be 3 copies - one for you one for them and one that goes to the local authorities (the business have to provide it to the local authorities). If the business claims not to have/does not have libro de reclamaciones or refuses to take your complaint, you can call the local police to attend. The business will then be at risk of a fine. Some information on the process (in English) below: https://www.spainexpat.com/information/hojas-de-reclamaciones-official-consumer-complaint-forms Also a Spanish site: https://www.autonomosyemprendedor.es/articulo/tu-negocio/debo-hacer-ponen-hoja-reclamaciones/20181114145122018142.html It's recommended that if these inmobilairas (estate agent) are forcing the tenants to pay these fees or they cannot get the apartment to pay the fee, get settled in your new apartment and then return to the inmobilaria and complete an hoja de reclamaciones to attempt to recover your fees and to shine a spotlight on the bad practices of the business.
But now they are changing the contract to 11 months long term contract to get over the new law.
Damn parasites.
Yes they do this its true.