Process & legal · 2 July 2026 · 5 min read
The arras contract: the deposit that locks both sides in.
People assume the notary appointment is the big moment of a Spanish purchase. Legally, the day that decides everything comes weeks earlier, when you sign the contrato de arras, the private deposit contract, and typically hand over 10% of the price.
What it does
The arras fixes the deal: price, completion deadline (usually 30 to 60 days out), what is included, and who pays what. From signature, both sides are bound by the classic penalty mechanism: walk away as the buyer and you lose your deposit; if the seller walks, they must repay you double. On a €350,000 purchase that is €35,000 riding on a private document, which is why nobody should sign one their own lawyer has not drafted or reviewed.
Not all arras are equal
Spanish law recognises more than one kind. The one you want is arras penitenciales, the walk-away version described above, and the contract must say so explicitly. Sloppier drafts can be read as arras confirmatorias, under which a seller could potentially sue you to complete the purchase rather than just keeping the deposit. That distinction is a single line of drafting. It is also several thousand euro of difference if things go wrong.
The traps we see
Signing before your finance is moving: the completion deadline does not care that your mortgage takes six weeks, so a mortgage clause (making the contract conditional on the loan) or an already-running application is essential. Signing before due diligence: pay a small reservation first, let the lawyer finish the checks, then commit the 10%. Vague inclusions: furniture, parking spaces and storage rooms go missing between viewing and completion when the arras does not list them. And paying the deposit anywhere except your lawyer's or the agency's client account deserves hard questions.
The upside
Handled properly, the arras is your friend. It takes the property off the market at a fixed price while the machinery runs, and the double-return rule means a seller cannot quietly accept a higher offer without paying you handsomely for the privilege. It is the moment the purchase becomes real: which is exactly why it deserves more respect than the folklore gives it.