The arras is Spain’s preliminary purchase contract: signed after an accepted offer and before the notary, with a deposit of around 10%, it binds both parties and sets the completion date. In its most common form, if the buyer withdraws they lose the deposit; if the seller withdraws they repay double.
Where the arras sits in the process
A Spanish purchase typically runs: accepted offer and a small reservation deposit; then the arras with a 10% deposit; then due diligence and any mortgage; then completion (escritura) at the notary. The arras is the moment the deal becomes firm — so it is signed only after your lawyer has done the essential checks.
The 10% deposit
On signing, the buyer pays a deposit — almost always 10% of the agreed price — to the seller, frequently held by the agent or a lawyer. It is not an extra cost: it is deducted from the balance due at completion. What it does is give the contract teeth, through the penalties below.
The three types of arras
| Type | What it means |
|---|---|
| Penitenciales (most common) | Either party may withdraw by paying the penalty: the buyer forfeits the deposit, the seller repays double. (Art. 1454, Civil Code.) |
| Confirmatorias | Simply confirm the sale with no agreed exit; the injured party can go to court to enforce completion and claim damages. |
| Penales | Add a penalty for breach while still allowing the injured party to demand completion. |
The type is not always obvious from the wording, which is exactly why the contract should be drafted or reviewed by your lawyer. Most luxury transactions use arras penitenciales.
What to check before you sign
Before the arras is signed, your lawyer should confirm: the seller’s clear title and the property’s charges via the nota simple (registry extract); that there are no outstanding debts, mortgages or community arrears; that the building has its first-occupancy licence and energy certificate; precisely what is included (fixtures, parking, storage); and that the completion date is achievable, especially if you are arranging finance.
Frequently asked questions
What is the arras contract in Spain?
The arras (contrato de arras) is Spain’s preliminary purchase contract. Signed after an accepted offer and before completion at the notary, it commits both buyer and seller, sets the price and completion date, and is accompanied by a deposit — typically 10% of the purchase price.
How much is the arras deposit?
The deposit is usually 10% of the agreed purchase price, paid by the buyer to the seller (often via the agent or a lawyer) on signing. It is deducted from the balance due at completion.
What happens if the buyer pulls out after the arras?
Under the most common form — arras penitenciales (Article 1454 of the Civil Code) — if the buyer withdraws they forfeit the deposit, and if the seller withdraws they must repay double the deposit. The contract effectively prices the right to withdraw.
What are the three types of arras?
Arras penitenciales allow either party to withdraw by paying the penalty (lost deposit, or double). Arras confirmatorias simply confirm the sale, with no agreed exit, so the injured party can sue to enforce completion. Arras penales add a penalty while still allowing a claim for completion. Penitenciales is the most common.
What should I check before signing the arras?
Have your lawyer review the nota simple (registry extract) for ownership and charges, confirm there are no debts, the building has its licences and certificates, the completion date is realistic, and exactly what is included. Once signed, the arras is binding.
How long after the arras is completion?
The arras sets the completion date. It can be as little as two weeks where there is no mortgage, or up to around two months when financing is involved.