A payment to reserve a home can commit you before you visit the notary. Before signing an arras agreement, gather the property documents and understand what happens if the purchase does not go ahead. The document’s name alone does not tell you its consequences.
A private agreement can create binding obligations
The Spanish General Council of Notaries explains that an arras agreement is not compulsory, although a valid private agreement binds the parties to its terms. Do not sign on the assumption that everything can be decided later.
Ask for the complete draft and annexes before the meeting. If an important condition was discussed by phone, ask for it to be recorded in writing and check that it does not conflict with another clause.
Identify the type of arras being agreed
Arras may confirm a commitment to buy or allow withdrawal on agreed terms. Article 1454 of the Spanish Civil Code provides for the buyer forfeiting the deposit or the seller returning twice the amount under the arras penitenciales framework. Do not assume this exit is available in every reservation agreement.
The wording, purpose of the payment and applicable civil law matter. Ask about the distinction between an agreed withdrawal, a breach of contract and failure to obtain financing. These are different situations.
Check the property and the seller’s authority
A land registry nota simple provides information about the property, registered rights and their limitations. Compare the home you viewed, the listing and the identification details in the documents.
- Signatories: identify the owners and check any representative’s authority.
- Charges: ask how and when mortgages or other relevant charges will be addressed.
- Occupation: clarify the position of tenants or other occupants and the handover of keys.
- Outstanding costs: request information about community fees, special assessments, taxes and utilities.
- Property condition: review alterations, technical documents and administrative issues affecting your intended use.
A nota simple does not replace physical, technical and administrative checks. Write down your questions and request documents that can resolve them before transferring money.
Payments, mortgages and dates
Make a schedule showing the price, deposit, remaining payments and dates. Confirm who receives each payment, its purpose and the receipt you will obtain. Verify payment details through a trusted channel.
If you need a mortgage, do not assume a bank refusal will automatically entitle you to recover the deposit. Have the financing terms checked expressly: conditions, deadline, evidence required and consequences. Consider the civil law applicable to the transaction.
Set a completion date that allows time for outstanding checks. Agree how problems and extensions will be communicated; changes to dates should be documented.
Frequently asked questions
Is an arras agreement compulsory?
No. If you choose to sign one, understand and review the commitment before paying.
Can I always recover the deposit if I cannot get a mortgage?
Do not assume so. The agreement, circumstances and applicable law need to be examined.
Is a downloaded template enough?
A template does not check the property or automatically adapt financing, deadlines and consequences to your situation.
Review before committing
To identify which documents and clauses need checking, you can discuss your purchase with NEXEVO. If you are providing overseas documents, also read our guide to apostilles and sworn translations.
General information; it does not replace analysis of the agreement and the law applicable to the transaction. Official sources checked on 22 October 2026.