Vitalii Mendel Garkavyi
Buying Property in Spain: Legal Support for Foreign Buyers
Property purchase legal services

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.

Legal review of reservation and arras contracts in Spain: deposits, deadlines, financing conditions, withdrawal, breach and completion obligations.

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

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