The arras contract is the most binding moment of your purchase, far more than the final signing at the notary. This is where everything is decided, and where poorly advised buyers get caught out.
What a good arras contract contains
- A precise description of the property and the parties.
- The final price and what it includes (furniture, outbuildings, parking space).
- The amount of the deposit, usually 10% of the price.
- The deadline for signing the deed of sale.
- Special conditions: obtaining a mortgage, fixing a defect that has been found, vacant possession.
The three types of arras
Spanish law recognises several forms of arras, with very different effects. The most common are arras penitenciales: either party can withdraw, but the buyer loses the deposit and the seller must pay back double. Other forms can allow one party to force the sale through. The exact wording in the contract is not a legal technicality: it determines your rights if something goes wrong.
Why you should never sign it too quickly
Once the contract is signed, you are committed with no cooling-off period. So every check must be done beforehand: status at the land registry, no debts or mortgages, planning compliance, community fees. A seller or agency pressing you to sign so you don't lose the property should make you more careful, not more hurried.
Our rule is simple: no signature before complete checks. A good property is still a good property a week later.
