ZONA EXPLAINS

Contrato de arras

A contrato de arras is a private agreement commonly used before a Spanish property purchase deed. It records agreed terms and a deposit, but its legal consequences depend on the wording and type of arras, so independent review is essential before signing.

What is a contrato de arras?

A contrato de arras is a private pre-completion agreement used in many Spanish property transactions. It usually records the parties, property, price, deposit, completion deadline and conditions that apply before the public deed.

Why the wording matters

“Arras” is not one single standard outcome. Spanish law recognises different legal effects, and the contract’s wording determines what happens if a party does not complete. A commonly discussed form is arras penitenciales, but never assume that label or a familiar deposit percentage creates the intended result.

Checks before signing

  • Confirm the registered owner and authority to sell.
  • Review a current nota simple and relevant planning information.
  • Identify fixtures, furniture and any conditions included in the sale.
  • Set realistic dates for finance, documentation and completion.
  • State what happens if legal, mortgage or technical checks reveal a problem.
  • Make sure payment details and deposit handling are verified securely.

Is the deposit refundable?

There is no safe universal answer. Refund rights depend on the agreed wording, the legal type of agreement and the reason completion fails. A buyer should not transfer a deposit on the assumption it can simply be recovered later.

Who should review it?

Use an independent Spanish lawyer acting for your interests before signing or paying. The estate agent or seller may provide a draft, but that does not replace independent advice.

Common mistake

Buyers sometimes treat the document as an informal reservation. It can create serious obligations. Complete essential checks and agree any protective conditions before signature, not afterwards.

Related concepts

Read nota simple, NIE number and Buying property in Mallorca.

SOURCES & REVIEW

Zona Mallorca editorial team

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