Reservation and Arras Contracts When Buying Property in Spain
Reservation and arras documents can commit the buyer before the notary stage and can determine whether a deposit is refundable, forfeited or subject to other consequences. The wording should be reviewed together with the property due diligence and the agreed completion conditions.
Who it is for
- Buyers and sellers before signing an arras agreement.
- Parties who have received a draft from an estate agent or the other side.
Main requirements
- Clearly define the property, price, payments, deadlines and completion conditions.
- Identify the legal nature of the deposit and consequences of withdrawal/breach.
- Include conditions addressing identified risks or outstanding documents.
Documents
- Draft arras/reservation agreement.
- Nota simple and basic property documentation.
- Commercial terms agreed by the parties.
- Where relevant, mortgage-finance or other essential conditions.
How it works
- Review property and parties.
- Analyse draft and legal nature of the arras.
- Insert protective conditions and negotiate wording.
- Monitor key deadlines through to completion.
Frequently asked questions
Do all arras contracts let the buyer walk away by losing the deposit?
No. Consequences depend on the wording and legal nature agreed. Article 1454 of the Civil Code concerns penitential arras; not every advance payment automatically has that character.
Can the purchase be conditional on obtaining a mortgage?
Yes, if expressly agreed. The clause should clearly state what happens to the contract and deposit if financing is refused.
Official sources
Reviewed: 23/08/2026
Property purchase legal services
Property Purchase in Spain: Legal Checks and Completion
Legal support through a Spanish property purchase: NIE, reservation review, due diligence, arras, purchase costs, notary signing and registration.
ReadProperty Due Diligence in Spain
Independent property due diligence in Spain: ownership, registered charges, Cadastre, community debts, planning documents and contractual risks before purchase.
ReadSelling property in Spain
Seller document preparation, review of registered charges and contracts, and transaction coordination through signing.
ReadBuying property in Spain as a non-resident
Legal due diligence and transaction coordination for foreign buyers, including purchases through a power of attorney.
ReadRelated articles
Practical articles and legal guidance related to this service.
compraventa-inmobiliaria
Arras contract in Spain: what to check before signing and paying
What to check in an arras contract, Nota Simple, ownership and registered charges before buying property in Spain.
Read article