Updated in September 2026 — data verified on that date.

Contrato de arras in Spain: everything you need to know about the Spanish preliminary sales agreement

The ‘contrato de arras’ marks the point at which a proposed property purchase on the Costa del Sol becomes a financial commitment: 10 per cent of the price paid to a seller whom you have met once or twice, based on a private document drawn up by their estate agent. No one other than your solicitor will review what you are signing.

In 2025, foreign buyers purchased a record 97,500 properties in Spain, including 11,827 in the province of Málaga (32.75 per cent of the local market), according to the Colegio de Registradores (via Diario Jurídico, April 2026). This page details step 5 of our guide to the property purchase process in Spain.

What is the ‘contrato de arras’?

The ‘contrato de arras’ refers to the private sale and purchase agreement whereby the buyer and seller commit to a property, a price and a date for the ‘escritura pública’, in return for a sum paid in advance known as a ‘señal’ or ‘arras’. Without it, the seller may sell to a third party up until the day of the deed.

Its legal basis is set out in a single article, Article 1454 of the Código Civil: ‘the contract may be rescinded, with the buyer agreeing to forfeit the deposit, or the seller agreeing to return double the amount’. Everything else is a matter of contractual freedom. On the Costa del Sol, a ‘contrato de reserva’ often precedes the ‘arras’: it reserves the property for 7 to 15 days in return for €3,000 to €10,000 (indicative range for 2026), whilst your solicitor reviews the property’s title search. Insist that this deposit is refundable if the checks reveal a problem.

Penitential, confirmatory or penal arras: three types, three consequences

Only ‘penitential’ arras give both parties the right to withdraw from the contract in return for a penalty agreed in advance; the other two types permit enforcement proceedings.

The Supreme Court interprets penalty clauses restrictively: in its judgement 583/2018 of 17 October 2018, it ruled that ‘a mere reference to Article 1454 of the Civil Code does not clearly set out the obligations undertaken by the parties’. The contract must expressly state that either party may withdraw and at what cost; otherwise, the arras are confirmatory and the buyer who withdraws may be ordered to proceed with the purchase.

Differences from the French and Belgian preliminary sale agreements

The main difference is the complete absence of a cooling-off period in Spain. In France, Article L271-1 of the Building and Housing Code grants the purchaser 10 days to withdraw without giving a reason, and the deposit is held in escrow by a notary who verifies the title and planning permission. In Spain, signing the ‘arras’ binds you immediately; the deposit is often paid into the seller’s account; and the condition precedent regarding a mortgage only applies if you negotiate it.

For a Belgian, the shock is less severe: in Belgium too, the preliminary agreement is deemed a sale, with no right of withdrawal, involving a deposit of 5 to 10 per cent and a contractual penalty of 10 to 15 per cent in the event of default. What is unfamiliar to both nationalities is that the contract is drawn up by the seller’s estate agent, and the Spanish notary only becomes involved at the final deed, without verifying the legality of the property.

What must a ‘contrato de arras’ contain? The essential clauses

Six clauses ensure that a ‘contrato de arras’ provides genuine protection for the buyer.

The amount of the deposit: how much should you pay?

The usual deposit for a ‘contrato de arras’ is 10 per cent of the price, but there is no law setting this percentage: standard practice on the Costa del Sol in 2026 ranges from 5 per cent to 15 per cent.

Where does the money go? Ideally, into the solicitor’s client account until the deed is signed. Juan Kutz Azqueta, a notary in Madrid, writes in *El Notario del Siglo XXI*: ‘When the deposit agreement for the purchase of a property is signed, we are willing to happily hand over a substantial portion of our savings to someone we have never met in our lives.’ A deposit paid into a seller’s personal account and seized before the deed is signed is almost impossible to recover.

What happens if the buyer or seller withdraws from the deal?

With ‘arras penitenciales’, a buyer who backs out forfeits the entire deposit; a seller who backs out must return double the amount, i.e. €76,000 for €38,000 received. The Tribunal Supremo refuses to reduce this penalty in the event of voluntary withdrawal.

The buyer recovers their deposit in two circumstances: where a written condition precedent is not fulfilled (loan refused, planning permission not granted), or where the seller is in breach of contract (undeclared encumbrance, existing tenant), which entitles the buyer to terminate the contract and claim double the deposit. Whether you are French or Belgian, a refusal of a loan by your bank does not entitle you to a refund if the condition has not been set out in writing with the bank, specifying the amount, the maximum interest rate and a timeframe.

If the seller refuses to pay double the deposit, expect proceedings in the court of first instance in Málaga to take 12 to 24 months. Hence the need for a deterrent deposit and the shortest possible timeframe until the deed of sale is signed.

Time between the ‘arras’ and the ‘escritura’

The timeframe between the ‘contrato de arras’ and the ‘escritura pública’ is freely negotiable, usually ranging from 30 to 90 days. A cash purchase is finalised within 3 to 4 weeks; with a Spanish mortgage, allow 60 to 90 days (valuation, firm FEIN offer, 10-day statutory cooling-off period). The deadline is absolute: if it passes without a signed deed or written extension, either party may consider the other to be in default. Any extension must be signed by both parties, confirming the penalty clause nature of the arras. Unable to attend the signing? A power of attorney allows your solicitor to sign on your behalf.

Why have the arras drawn up by an independent solicitor

Having the ‘contrato de arras’ drafted or reviewed by an independent solicitor costs between €300 and €600 on its own, though this is often included in a flat-rate fee of around 1 per cent of the purchase price. This is where the legal classification of the deposit, the conditions precedent and the fate of your deposit are determined.

Deposit and off-plan purchase: specific details

For off-plan purchases, the ‘contrato de arras’ becomes a private contract of sale with a payment schedule: a deposit of €6,000 to €20,000, followed by 10% to 30% of the price during construction, with the balance payable on handover. According to the Bank of Spain (Law 38/1999, DA 1, amended by Law 20/2015), the developer must guarantee each payment with a bank guarantee or insurance from the moment the building permit is granted, including statutory interest. Insist on a named guarantee for each payment; further details can be found on our page about off-plan new-build flats in Spain.

Deposit agreement in Spain: your questions

Is the ‘contrato de arras’ compulsory in Spain?

No, there is no legislation requiring a ‘contrato de arras’: the sale can be concluded directly by means of a ‘escritura’ drawn up before a notary. In practice, however, it precedes almost all sales, as it is the only way to take the property off the market and to set the price, timetable and conditions precedent.

What is the usual amount of the deposit?

The usual deposit is 10 per cent of the sale price, ranging from 5 per cent to 15 per cent depending on the negotiation; there is no law setting this amount. A higher deposit offers the buyer greater protection, as the penalty payable by the seller if they withdraw from the sale is double the amount of the deposit.

Is there a cooling-off period as in France?

No. Spanish law does not provide for any cooling-off period after the signing of the ‘contrato de arras’, unlike the 10-day period set out in Article L271-1 of the French Building and Housing Code. Only the ‘arras penitenciales’ (penalty deposit) allow for withdrawal, subject to the loss of the deposit.