Established in 2013 and representing nearly 14,000 properties across Spain, Haya Real Estate has a significant presence and an excellent catalogue of property listings. The extensive property listings and an established record give Haya a strong market presence, but the number and consistency of client complaints give major cause for concern, with operational problems and communication breakdowns resulting in a level of dissatisfaction which needs to be taken into account, including the impact of a recent takeover in 2023.

✨ At a Glance

Haya Real Estate is an established agency with over a decade in business since its inception in 2013. Depending on the source, it has between 6,370-13,800 properties listed at any one time, with some 15,000 exchanging hands annually, overseen by 680 agents in 16 offices in several cities across Spain. A takeover in 2023 by Intrum, a Swedish debt management firm, for €140 million indicates a level of confidence in Haya as a viable business concern.   

However, a persistent level of negative feedback raises concerns for the customer, including lack of professionalism in dealings, communication breakdowns even as sale negotiations are in mid play subsequent to payment of an initial deposit on a property, lack of conformity of property details, especially between departments. There are also significant complaints of properties listed which are no longer on the market, fake properties and a frequency of being shown to a different property to the enquiry. Fees and deposits have been reported unrefunded, and contracts are shaped to rush client decisions.

This review looks into Haya in greater detail.

🤑 Haya – The Business

On average the listings with agencies in Spain number from 20-50 active at any one time. Haya has a massive 6,000- 14,000. Even at the lower edge of reported properties that makes it a large agency. For the customer, this means a great supply of options available at any one time. It also has the market validity to be listed on Idealista, and has been listed continuously since its inception in 2013. Notably, they were very public about listing 6,370 properties for sale on Idealista in late 2023 following the Intrum takeover.

However, there have been significant customer complaints of ghost and fake listings, ghost listings being those that have already been sold and not removed, as many as 6 months previously. Many complaints also state that they were taken to a property other than the one they had enquired about, indicating that the listed property was a fake.

Ghost listings overstate the real size of their portfolio, and fake listings are a ruse to gain more customers under false advertising. While Haya would seem to be a sizeable agency even with this taken into account, both lead to disappointment and wasted time on the part of prospective homeowners, and reflect a dishonesty in Haya business practices.

╰┈➤ Property Information

Individual agents are reported as typically lacking basic information about the properties they are showing, as well as any details, and frequently show clients properties other than the one of their enquiry. While this seems to be typical in Spain – note that the property market is far less regulated than the one you are likely to be familiar with – inconsistencies of information run across different departments.

Distressed and Repossessed Properties – Haya’s business model includes the acquisition of distressed and repossessed properties. While this might be an astute profit angle, such properties often have extra issues and legal considerations attached. This is another reason to be pedantic about your information. Clients need to be completely clear on exactly what they are purchasing and accommodate this in their offers. For example, there are often additional legal complexities the client needs to take into account.

Additional Fees – Always confirm exactly what is included in the advertised price. Some additional fees which may not be included are VAT fees of 20-21%, and upfront deposits on rentals which may be as much as three months’ rent. Commission is unlikely to be a part of the advertised price. Make sure of exactly what the commission and service fees include, and compare across different agencies. Spain has no regulated structure on rental fees.

There are also contracts with pre-viewing fees. Be clear on what is binding in the contract, which is likely to protect the agency over the potential buyer.

A significant number of customer complaints include that refundable charges were not being refunded, or taking seriously longer than the specified time. These might include refunds on property reservation fees, deposits for auction participation. Note that in real estate dealings in Spain, verbal promises cannot be taken as binding, and it is not typical or required for agencies to be upfront about costs.

📌 Unique Features of the Spanish Property Sales

In Spain, properties – especially rural ones – can carry with them communal responsibilities such as shared water facilities, and community fees. Be sure to employ the services of an independent legal office to thoroughly research all details before purchase. Besides outstanding debts including taxes, utilities, and any community fees.

Request a complete ownership search, and legal status of the property – which could impact on your rights over the property, including future changes you may wish to make, and resale.

Some properties in rural areas can have community obligations, such as access rights to communal water sources which becomes important in dry periods and the summer. Forewarned of these responsibilities can save unnecessary conflict with neighbours.

While these things should be part of property information serviced by a good agency, they are ultimately the responsibility of the buyer.

🔥 Haya Public Profile and Acquisition

Haya Real Estate, such as TengoTuCasa, has a strong public presence for over a decade since 2013, and a large property portfolio of listings, numbering from 6,000 – 14,000 depending on the information source, and a reported 15,000 in annual property sales. The average agency in Spain lists 20-50 properties at any one time, making Haya a large agency in the market.

Its market reputation is also reflected by a strong presence on Idealista, with 800 properties continuously listed since it started. Idealista is one of the biggest property portals in Spain, indicating that Haya has a valid business presence.

Reporting over €10.6 billion in assets, it has the endorsement of large institutions such as BBVA, CaixaBank and Cajamar adding to its credibility.

Acquisition – In 2023 it was acquired by the Swedish debt management company, Intrum, for €140 million. This reflects confidence of Haya’s financial and operational viability and anticipated turnover.

Allegations – While on the surface Haya seems to be a big profile agency with a sound financial footing in the Spanish real estate market, the substantial negative feedback cannot be dismissed. The extent of dissatisfaction extends to a public petition in 2023 with change.org, and a reticence expressed by some of the Spanish financiers affiliated with Haya. While its established presence of over a decade, and the confidence shown by Intrum, indicate that the company’s prospective market potential is sound, complaints suggest a higher risk to clients such as failed property negotiations and fees going unrefunded.

🛡️ Legal Considerations

Even in the home market, but especially when investing in a foreign market which has different conventions, it is essential to confirm all details and assume nothing. Even a fundamental detail in a familiar market might be an extraneous one in another market.

For this, employing the services of independent authorities with no loyalty to the agency is a must. Get in contact with mortgagers, banks and financiers, and legal offices with good English (or your language), and experience with the types of issues which can come up for foreign investors.

Some areas of enquiry besides a property survey might include searches of taxes, utilities, communal and any other debts which are carried with the change of title, a complete history of previous ownership, and any community obligations which become responsibility of the owner. Include someone to confirm the legalities of the sales and other documents, all fees and deposit requirements, and details of the property, such as property border and local council requirements.

While these might seem an additional cost at the beginning, these searches can save later surprises which might entail significantly higher costs in the future. 

🙏🏼 Haya Service, Communications and Professionalism

One of the biggest areas of negative feedback across platforms including TrustPilot relates to customer service across several areas. Complaints include:

• Initial Contact – Difficulty in initial contact, messages going unanswered for weeks, even months.
• Support – Enquiries going unanswered by phone, or email, and excessive response times.
• Professionalism – Staff often rude. Note that complaints may reflect that Spanish responses are simply more direct than typical American service for example, and also reflect communications across language and misunderstandings.
• Phone Contact – An automated call system often disconnects, leading to frustration. Requests for appointments are frequently ignored.
• Property Information – Staff are regularly ignorant of basic information about properties, and the information given on the one property frequently clashes across departments.
• Appointments – Regular failure for staff to show. This is a common complaint across agencies in Spain.
• Interdepartmental Co-Ordination – Lack of uniform information across sales, legal, administrative and other departments results in hitches in the process, suggesting major breakdowns in internal operations.
• Negotiation Process – Even after deposits have been paid and preliminary sales contracts drawn up, there are reports of communications with staff dropping out altogether mid-negotiations, including after counter-offers have been proffered. This seems to occur on repossessed properties, suggesting that a legal complexity has been hit and details become confusing and contradictory. This does not allay client frustrations and lost exchanges.
• Refunds – Significant complaints in receiving refunds due on deposits and fees such as pre-auction payments, very slow if at all.
• Contracts – tend to be heavily protective of agent rights and minimal on purchaser rights such as a lack of clauses re returns for many scenarios. Many clauses appear to be designed to pressurize potential customers into quick decisions.

Remember that this is a different market, and not very regulated. Lack of property information is typical of many agencies, as are many of these complaints. Ultimately it is up to the client to do their homework, ask questions to be sure of what they are getting and what the conditions are. Also research the standards of the Spanish property market. things that a local would already know and not think to mention.

🤗 Post Sale Support

For foreigners investing in Spanish real estate, it is also important to consider post-purchase support. If renovations are desired, make sure permissions are not an issue for any reasons of legalities over the property.

It is important with a rental, whether purchasing for that purpose or renting a property, to make sure of who is responsible for tending to any problems. Normally the agency is responsible, but often enough the landlord is the contact person. Clarification prior to renting or purchase for rentals makes this easier when a problem occurs.

A support agency is advisable to arrange renovations, and verbal agreements with contractors has a whole different set of criteria and cultural expectations which it is essential to understand beforehand. Generally permissions, paperwork, and arrangements with contractors and getting supplies is more complicated and takes much longer in Spain.  

Should the property be purchased with the intention of rentals or Airbnb arrangements, a property manager is advisable. This is also a recommended option simply to have maintenance and readiness should the new owner be absent for significant intervals.

Prior to purchase, make sure of these details since they impact on the viability of the property. It is also advisable to search for a decent property manager or renovations manager beforehand. With the extremely negative feedback on Haya Real Estate, an independent and alternative option would be highly advisable.

There are also regular, almost daily reports of tenants being evicted by Haya, indicating that many of them aren’t legal or valid. Collections and debts of dubious validity appear to be generated by the Haya network which includes Cerberus, a known vulture fund.

😉 Legal issues

Legalities are unique to each country, and since purchase of a property is a significant financial outlay, it is important to be versed on legal issues to protect yourself. Having an independent legal advisor is essential. Seek out someone who has very good English to avoid miscommunications, and who is aware of the cross-cultural differences in property purchase and the issues of which a foreign buyer may be unaware.

Some of the legal issues unique to Spain

Debts and Responsibilities – A legality specific to Spain which is likely different to your own property market is that with transfer of title, the new owner acquires any debts sitting with the property – and can be the reason for the sale.

Overdue tax payments can be sizeable, and utilities running out can lead to disconnections which are inconvenient and a hassle to reinstate, and may also incur extra fees over and above name transfers in order to reconnect. Make sure to request searches on all of these matters, and also on a complete history of property ownership. It is better to discover surprises at the beginning than down the track.

Community Responsibilities – In Spain many properties carry community obligations which may also have regular fees, especially in more rural areas. There can be shared water facility arrangements, community fees, property taxes etc. Make sure to take these into account as part of the price of the property. In some cases they can potentially be thousands of euros. If they have gone unpaid for a period of time, they become your responsibility. If there is shared water, potential water shortages in the summer may inspire footing the costs for an alternative source, a cost which needs to be taken into account.

Additional Costs – Like many agencies in Spain, Haya has pre-viewing contract fees, fees for auction participation, reservation fees and commitment deposits which should be returned on conclusion of commitments, especially if Haya or the seller is at fault. There are many complaints that these returnable fees had not been refunded even months after collapse of negotiations, including fees in the thousands of euros.

Contracts – When large amounts of money are involved such as property purchases, or even rentals, it is important to be sure of the details. Make sure to have contracts viewed by an independent legal advisor who can also explain any unique legal features, what your rights are, and your obligations. Haya contracts are reported to be dominantly over their own protection and limited in customer rights. Most deposit clauses define no responsibility by Haya to return deposits. Their contracts create pressure for clients to make quick decisions, which is in most cases limits the ability to be sure of many details in a market that is unfamiliar.

Documentation – Lack of documentation on property details including ownership history limits client ability for informed decisions. While many agencies in Spain may not be very forthcoming with such details, this persistency from Haya continues to raise questions regarding Haya’s transparency, and whether it is a reflection of overall company dishonesty and a deliberate policy of ambiguity for their own financial gain.

⭐ Our Verdict

While Haya represents a sizeable portion of the property market with some 6,000+ properties listed at any one time, including on Idealista, and 15,000 which exchange hands annually, the exceptionally large number of complaints and negative customer feedback warrants caution. The takeover by Intrum in 2023 is indicative of a viable financial concern, and its continued operations since 2013 suggest an established and stable company.  

However, there are some significant high-risk factors to consider:

• Non-refund of deposits and fees owed
• Ghost and fake properties, wasting time and money
• Communication and contact issues, negotiations dropping out, lack of professionalism
• Lack of property information, including hidden costs, outstanding debts and legal complications
• Lack of interdepartmental co-ordination
• Over-frequent evictions and post rental phantom debts, linked with network affiliate Cerberus
• A change.org public petition in 2023 and expression of reticence by Haya finance affiliates

The Spanish property market has minimal government regulation, and investing in properties in another cultural environment always has its hazards resulting from unfamiliar variables. However, the degree of negative customer feedback seems to be exceptional, and includes a reticence from some of the large financial institutions affiliated with Haya. In spite of its large portfolio of property listings, our verdict is that potential buyers and renters would be better served considering alternative options.

📌 FAQs – Haya Real Estate