Hidden Offers and Cloned Listings: How to Protect Yourself When Buying or Selling in Uruguay
INGAR · · Legal
No single document makes a transaction safe
To keep an offer from disappearing — or an unauthorized listing from steering you into negotiations with the wrong person — you need to check three separate things: who authorized the listing, what role the agency actually plays, and how offers get recorded.
A power of attorney can matter, but not every agency acts as the owner's legal representative. The standard arrangement is brokerage: bringing buyer and seller together so that they make the decisions and sign the contract themselves. Blurring those roles leads people to demand documents that don't apply and, worse, to assume that permission to advertise a property also means permission to sign or collect money on the owner's behalf.
This guide covers what a seller can insist on, what a buyer can ask for, and what the Código Civil (Uruguay's civil code), Ley 20.380 on real-estate professionals and Ley 17.250 on consumer relations actually say. If your concern is the listing itself, the companion piece is how to spot a misleading real-estate listing.
Put these terms in writing — with us or with whoever you choose. If you're selling, ask that the agreement set the authorized price, the deadline for passing every offer along to you, and what happens if someone connected to the agency wants to buy. If you're buying, submit your proposal in writing and ask for written acknowledgment of receipt. At INGAR we're happy to work this way, and we can agree on it before we start: browse the properties or reach us on WhatsApp.
Authorization, brokerage and power of attorney are not the same thing
The first question shouldn't be "do you hold power of attorney?" but "what authorization do you have, and in what capacity are you acting?".
| Document or relationship | What it allows | What it does not allow on its own |
|---|---|---|
| Authorization to advertise or broker | Marketing the property, fielding inquiries and introducing prospective buyers, within the agreed terms | Signing a reservation, accepting an offer, receiving the purchase price or selling on the owner's behalf |
| Brokerage agreement | Defines the service: listing price, commission, exclusivity, handling of inquiries and offers | Legally representing the owner, unless a power of attorney is also granted |
| Power of attorney | Acting on the owner's behalf within the powers granted | Taking actions beyond those powers or disregarding the conditions set by the principal |
Article 2051 of the Código Civil defines a mandate as "a contract by which one party confers upon another, who accepts it, the power to represent it in the conduct of one or more transactions at the first party's account and risk". The operative word is representation.
Ley 20.380, by contrast, regulates real-estate work as brokerage, intermediation, advisory services, management and marketing on behalf of third parties. Article 5 recognizes the professional's right to obtain from the client "reliable authorization, though not subject to any formality", and article 6, item C, requires them to set out their rights and obligations with the client "by means of a document, email or any other suitable form of communication that can serve as evidence".
So an agency can be perfectly entitled to market a property without holding the power to represent the owner at signing. And a photo of an alleged power of attorney proves nothing about whether the sender can collect money or bind the owner: when representation powers do exist, it's the escribano (Uruguay's notary, a lawyer who handles property transfers) who reviews them.
What Ley 20.380 does require regarding information
Article 6 is the single most useful provision in the law for anyone on the other side of the counter. The obligations it places on real-estate professionals include:
- Item A: conducting business professionally, "so as to ensure quality and clear, accurate and visible information regarding the services or properties offered".
- Item B: "Inspecting the property that is the subject of the engagement in such a way as to identify it specifically."
- Item D: displaying the agent's registration number in every listing.
- Item E: maintaining confidentiality in accordance with Ley 18.331 on personal data protection.
- Item F: "Providing truthful information to prospective buyers regarding the products offered, in particular the price and the accepted forms and methods of payment."
Item F is the short answer to a good share of the questions this guide addresses: price and payment terms are not optional disclosures.
One honest caveat: the article opens by referring to the obligations of registered real-estate professionals, and registration depends on a registry that isn't fully up and running yet. That's no reason to settle for less: these are the professional standards the law laid down, and you can require them as a condition of working with anyone.
Selling? Settle how offers are handled before you list
The best moment to decide how offers will be received and communicated is before the first one arrives. At a minimum, the authorization or brokerage agreement should spell out:
- which property is being offered and how it is identified;
- the authorized price and the currency;
- whether the engagement is exclusive or non-exclusive;
- where it may be advertised and who may reuse photos, floor plans and copy;
- who pays the commission, how much, and when that entitlement arises;
- how quickly each offer must be passed along;
- what information that communication must contain;
- how receipt by the owner is confirmed;
- how long offers and their supporting records are kept;
- what happens if the agent, someone on their team or a connected party wants to buy;
- how the authorization is amended or revoked.
A practical clause can require that every proposal be forwarded to the owner unsummarized and unaltered, by email or another agreed channel, within a set time frame. It can also require disclosure of the amount, the payment method, the conditions, how long the offer stands, and whether the purchase hinges on financing.
None of this obliges the seller to take the highest offer. Price matters, but it isn't everything: an all-cash proposal, one contingent on a mortgage, and one with a long delayed closing don't carry the same risk. The decision belongs to the owner. The broker's duty is not to substitute their own.
Buying? Make an offer that can be traced
A WhatsApp thread is fine for opening a conversation, but it's a thin foundation for later arguments about what was offered and when.
Your proposal should identify the property and, if you already have it, its padrón number (the cadastral parcel ID); the price and currency; the payment method; whether it depends on financing, on the sale of another asset or on the title search; how long the offer remains open; what happens to any deposit if the conditions aren't met; and the anticipated dates for signing and handover.
Ask for acknowledgment of receipt and confirmation that the proposal was passed on to the seller. This wording is enough:
"Please confirm through this channel that you received my complete offer and that it was forwarded to the owner, with the date and time."
That confirmation doesn't prove the owner accepted it, and it doesn't obligate anyone to sell to you. Nor does it entitle you to learn the identity or terms of other buyers — the confidentiality duty in item E governs there. What it does do is leave a verifiable trail of your proposal.
If nobody confirms receipt, don't raise your offer blindly. Find out first who is involved, through what channel they represent the agency, and what process they're following.
What changes when there is a genuine power of attorney
When the agent has been granted authority to represent the owner, the Código Civil's rules on mandates come into play. Two articles matter especially.
An agent can't buy what they were instructed to sell
Article 2070 is blunt: "The agent may not, either directly or through an intermediary, purchase the things the principal has instructed them to sell, nor sell their own property to the principal where the principal has instructed them to buy, unless with the principal's express approval."
The rule targets an obvious conflict: someone charged with defending the owner's interests can't quietly be angling to acquire the property.
Two qualifications matter, though:
- The article applies where there is a mandate relationship and an instruction to sell. It does not automatically turn every broker into a legal representative.
- The fact that a buyer is a relative, business partner or acquaintance of the agent may warrant questions, but it isn't proof on its own that they are a "straw buyer." You would have to show that the person acted as a front or for the agent's benefit.
If the agent, someone at their firm or a connected party has a financial interest in buying, the responsible move is to disclose it before the owner decides and to obtain the appropriate consent. It's worth having the brokerage agreement require that disclosure even where no mandate exists in the strict sense.
An agent must account for their work
Article 2074 requires the agent "to account for their administration by delivering the relevant documents and to remit to the principal whatever they have received by virtue of the mandate". It adds something that often gets overlooked: "A waiver of the duty to render accounts does not release the agent from charges the principal can substantiate against them."
That backs up the owner's right to ask for accounts and for whatever documents exist. Even so, the article doesn't by itself create an offer log in any particular format, and it doesn't support the claim that the absence of a spreadsheet is automatically a breach. If you want every inquiry and proposal documented, write it into the contract and define the procedure.
It's also not enough to say that a verbal mandate "doesn't count." Article 2053 provides that a mandate "may be express or implied" and that an express mandate "may be granted by public or private deed, by letter or correspondence, or even verbally", subject to the rules of evidence and the formalities of the act in question. In a property transaction, putting the scope in writing avoids a dispute that can cost far more than the document.
When the buyer is connected to the agent
Don't level accusations or publish names on suspicion alone. Start by separating the personal relationship from the financial conflict.
If you're the owner, ask in writing who the actual buyer is and who is putting up the funds; whether the agent, their employees or their associates have a stake in the purchase; whether any commission, benefit or side agreement exists; what other offers came in and what documentation supports them; and for a declaration of the conflict before you accept anything.
If you're another buyer and you have evidence that your offer may have been held back, you can send it directly to the owner or their escribano, unembellished: the proposal, the date, the acknowledgment of receipt and the messages. That lets the owner review the conduct of the person they hired.
This doesn't mean you can force them to sell to you, or that having made an offer gives you the right to void someone else's purchase. The consequences depend on the legal relationship, the evidence and what was signed. If a reservation or a promise of sale is already in place, an attorney or escribano should examine the specific case.
Two listings for the same property don't prove cloning
A property can show up at several agencies for perfectly legitimate reasons: the owner granted non-exclusive authorizations, two firms are cooperating on the same deal, a portal is syndicating listings from another system, an office operates under a network or franchise, or an old listing was never taken down.
Duplication becomes worrying when the details don't match and nobody can explain why. These signals are more useful than counting listings:
| What you find | What to check |
|---|---|
| Different prices | What the authorized price is and what each listing includes |
| Phone numbers or companies with no apparent connection | Whether each agent is authorized to market that property |
| Identical copy and photos, but a different contact | Where the material came from and who ordered the listing |
| A request to send a deposit to a personal account unrelated to the deal | Who the recipient is, what the payment is for, and the document governing its return |
| The owner denies knowing the advertiser | Halt all payments and save the full listing |
| The agent can't pinpoint exactly which property it is | Don't sign or transfer anything until your escribano identifies it |
That last point has direct legal backing: item B of article 6 requires the agent to inspect the property "in such a way as to identify it specifically". Anyone who can't tell you exactly what they're selling isn't meeting the bare minimum.
A reverse image search helps track down the original listing, but on its own it doesn't establish fraud. The most useful evidence is confirmation from the owner or the agency actually handling the property, obtained through a channel you verified independently.
As a buyer, you won't always receive a full copy of the agreement between the owner and the agency: it may contain fee arrangements, personal data and other private terms. What you can ask for is written confirmation that the agent is authorized to market that property, what their role is, and what the authorized listing price is.
A different price doesn't prove markup either
Owners can change the price, adopt different strategies or authorize different terms. Listings also go stale. Before you start talking about fraud, ask what each figure includes and ask for the answer in writing.
What is a serious warning sign is a sum nobody can explain, a commission that surfaces only at the reservation stage, or a request to pay someone who appears in no document at all.
In a consumer relationship, Ley 17.250 supplies relevant rules: article 14 provides that advertising claims bind whoever ordered them published and form part of the contract with the consumer; article 15 requires that prices be disclosed inclusive of taxes and additional charges; and article 24 prohibits advertising capable of misleading, including through the omission of essential information.
The qualifier "in a consumer relationship" matters. The law protects the end user against a supplier acting in a professional capacity; it doesn't automatically turn every private sale into a consumer relationship, and an investor folding the purchase into their business activity may not qualify as a consumer in that transaction.
Can they withhold the exact address?
Yes. During an initial inquiry there can be legitimate security or privacy reasons for not publishing the street number: the home may be occupied and the owner may want to avoid unscheduled visits.
Ley 17.250 doesn't say that every listing must show the exact address. Article 15 governs price, financing, price adjustments and charges; using it to mandate publication of the address would be reading something into the law that isn't there.
The reasonable standard is getting enough information to decide whether a visit is worth your time, and getting the exact identification before you take on any obligation or hand over money. Before a reservation, your escribano should be able to tie the property you visited to its padrón, its title chain and the person claiming to sell it.
How to vet an agency without relying on a PDF
- Look up the company's official website and phone number; don't rely solely on a link someone sent you in a message.
- Call that number and confirm that the person you've been dealing with actually works there.
- Ask for the registered company name, the RUT (Uruguayan tax ID) and invoicing terms.
- Ask for written confirmation of the authorization to market the property and of the agent's role.
- Confirm price, commission, taxes and any other costs before you make an offer.
- If someone will be signing or collecting money on the owner's behalf, send the power of attorney to your escribano to check its scope and whether it's still in force.
Don't wire money because a message makes it feel urgent. There has to be a document first identifying the transaction, the recipient and the terms for a refund.
A RUT and an invoice identify a company and document a payment; they don't prove it is authorized to sell any particular property. By the same token, authorization to advertise doesn't necessarily include authorization to take a deposit.
The registration created by Ley 20.380
Ley 20.380 created the Registro Nacional de Operadores Inmobiliarios (the national registry of real-estate professionals), and its article 6, item D, provided that every registered professional would display their number in each listing. As of this writing, the implementing regulations and the public lookup tool were still being developed at the Ministerio de Educación y Cultura (Uruguay's education and culture ministry).
So it isn't wise to promise that a registration number can already be verified as though the registry were fully operational, nor to rule someone out because they don't display one yet. Check the current status with the MEC and, in the meantime, verify identity, RUT, authorization for that specific property, service terms and transaction paperwork. None of those checks replaces the escribano's review.
What buying costs: an estimate is not a quote
Costs depend on the price, the payment method, the agreement with the agency, the paperwork required and whether a mortgage is involved.
Two things worth keeping straight:
- An estimate tells you how much cash you need on top of the purchase price before you start touring properties. That's what the closing-cost calculator is for — it itemizes each component separately instead of handing you one lump figure.
- A quote is what your escribano and your agency give you in writing for your specific transaction, with every line item spelled out. It's the only figure you can later hold anyone to.
The mistake isn't estimating — it's treating the estimate as the quote and never asking for the latter.
| Item | What to confirm |
|---|---|
| Agency commission | Percentage or amount, IVA (value-added tax), who pays it and at what point it's earned. There is no single legally fixed rate. |
| Notary fees | A written quote based on the act and the applicable base. The AEU (the national notaries' association) fee schedule uses 3 % as a reference for purchases, with rules, minimums and special cases. |
| Buyer's ITP (property transfer tax) | 2 % of the assessed value set by the Dirección Nacional de Catastro (the national cadastral office), with any applicable indexation. It is not 2 % of the sale price, and the cadastral value usually sits well below market value. |
| Certificates and registration | Registry fees, certificates and other case-specific costs. |
| Mortgage | Appraisal, bank charges, insurance and additional paperwork, depending on the lender. |
A commission of 3 % plus IVA circulates as a market benchmark, but it's negotiable and has to come from the agreement itself. And notary fees aren't settled by applying a percentage from memory: the fee schedule contains rules and treatments that vary with the transaction, so the number that counts is the one in the written quote.
What to do if you suspect an offer was buried
If you're the buyer:
- Save the complete offer, the messages and the acknowledgment of receipt.
- Ask for confirmation that it was passed on to the owner.
- If you have a legitimate channel to the owner or their escribano, lay out the facts without making accusations you can't back up.
- Don't hand over any more money until it's clear who is authorized and on what terms.
- If you've already signed or paid, take all the paperwork to your escribano or attorney.
If you're the seller:
- Request the report of inquiries and offers your agreement provides for.
- Compare it against the emails, messages and documents you have.
- Insist on a declaration of any financial interest held by the agent or connected parties.
- Review the powers you granted and the rules for amending or revoking them.
- If there's a loss or a conflicted transaction, get advice before signing a ratification or accepting informal explanations.
What to do about an unauthorized listing
Save screenshots showing the listing, the URL, the date, the phone number and the payment details. Ask the portal to preserve and take down the posting, and notify the owner or the agency actually handling the property.
If there was impersonation, a request for money or deception, don't write it off as a commercial dispute: contact your bank immediately if you sent a transfer, and file a report with all the evidence you have. The full procedure is in what to do if you've already sent the money.
If the problem arises within a consumer relationship with a professional supplier, a complaint to the Área de Defensa del Consumidor (Uruguay's consumer protection office) may also be in order. Each avenue serves a different purpose: an administrative complaint doesn't replace a criminal report or a civil damages claim.
Checklist before you make an offer or list a property
| Question | Answer that should be on the record |
|---|---|
| Who authorized this listing? | The owner or someone with sufficient authority |
| What is the agency actually doing? | Brokering, representing, managing, or a clearly defined combination |
| Is the engagement exclusive? | Yes or no, with a term and a scope |
| What is the authorized price? | Amount, currency and conditions |
| How are offers submitted? | Channel, minimum contents and validity period |
| How do they reach the seller? | Deadline and means of confirmation |
| Is there an interested party connected to the agent? | Conflict disclosed before any decision |
| Who is allowed to receive money? | An identified, authorized person, with a document and a receipt |
| What are the costs? | Commission, IVA, notary fees, taxes and expenses, itemized |
| Who reviews titles and powers of attorney? | The escribano advising the buyer |
Frequently asked questions
Does the agency need a signed power of attorney to advertise?
Not a power of representation, necessarily. Ley 20.380 speaks of reliable authorization "not subject to any formality" and of a brokerage agreement documentable by email or another form of evidence. What matters is that verifiable authorization exists and that its scope is clear.
Is a verbal agreement valid?
Article 2053 of the Código Civil recognizes both express and implied mandates, and an express mandate can even be granted verbally, subject to evidentiary limits and to the formalities required for certain acts. For advertising, collecting money, relaying offers or representing someone in a sale, putting it all in writing is the sensible protection.
Can I ask for a copy of the contract between the owner and the agency?
You can ask for confirmation of the authorization, the role, the price and the terms that affect you. You aren't always entitled to the full contract, since it may contain private information. If there's a power of attorney to sign or collect money for the owner, have your escribano review it.
Can the agent buy the property they were hired to sell?
If they're acting under a mandate with an instruction to sell, article 2070 requires the principal's express approval for them to buy, whether directly or through an intermediary. If they're only brokering, the legal analysis differs; even so, the conflict should be disclosed and governed in writing.
Is a relative of the agent automatically a straw buyer?
No. The relationship is a reason to look closer, but you'd need to prove that the person acted as a front or for the agent's benefit.
Can a buyer demand to see all the other offers?
Not as a general rule: item E of article 6 of Ley 20.380 imposes a confidentiality duty on the agent under Ley 18.331. You can ask that your own offer be recorded and passed on. The owner, for their part, can agree with their agent on a full reporting system.
Does the seller have to accept the highest offer?
No. They can weigh price, financing, timing, contingencies and certainty of payment. What shouldn't happen is a broker withholding information in order to decide in the owner's place.
Do two different listings mean one is fake?
No. There may be non-exclusive authorizations, cooperation between firms, or stale postings. Verify the authorization, the price, the agent's identity and the recipient of any payment.
Is the agency required to tell me the price?
Yes. Item F of article 6 of Ley 20.380 requires the agent to provide truthful information to prospective buyers, "in particular the price and the accepted forms and methods of payment." In a consumer relationship, article 15 of Ley 17.250 applies on top of that.
The bottom line
For a seller, real protection comes from a written agreement setting out who advertises the property, how offers are reported and how conflicts are disclosed. For a buyer, it comes from a traceable offer, confirmation of the authorization, and an escribano's advice before any money changes hands.
A power of attorney is what you need when there's representation. An authorization proves the engagement. A brokerage agreement organizes the agency's work. They aren't synonyms, and none of them replaces the review of title, powers and sale terms.
General information verified on IMPO on July 27, 2026. It does not replace legal or notarial advice on a specific transaction.
Sources
- Código Civil — article 2051, definition of mandate (IMPO)
- Código Civil — article 2053, express, implied and verbal mandates (IMPO)
- Código Civil — article 2070, purchases by the agent (IMPO)
- Código Civil — article 2074, rendering of accounts (IMPO)
- Ley 20.380 — article 5, rights of real-estate professionals (IMPO)
- Ley 20.380 — article 6, obligations of real-estate professionals (IMPO)
- Ley 17.250 — articles 14, 15 and 24, offers and advertising (IMPO)