Arras: questions for your lawyer

What arras are and why the type matters

Arras are the sum the buyer hands to the seller when signing a preliminary contract (contrato de arras). Catalonia applies Book Six of its Civil Code (Ley 3/2017), and by default this money counts as arras confirmatorias: a sign that the contract has been concluded and part of the price (article 621-8.1). They do not give either side the right to walk away at the cost of the deposit.

Arras penitenciales must be agreed expressly. With them, a buyer who withdraws loses the deposit and a seller who withdraws returns it doubled (article 621-8.2; article 1454 of the Spanish Civil Code has the same rule). The word deposit on its own can mean either type, so the type should be written out. Which law governs a deal with a foreign element is for the lawyer to determine.

Questions about the contract wording

• Which type of arras is stated? If none is named, the Catalan default applies.
• What obligations do you accept? Price, how the balance is paid, the date for signing the escritura (the notarial deed) and who bears which costs.
• What does it say about charges? If the nota simple shows a mortgage or an attachment, the contract should say how and when they are removed.
• What happens on non-performance? Separately for buyer and seller: the amount, the deadline for repayment and which withdrawal counts as justified.
• Where does the payment go? The seller's account is named in the contract and receipt of the money is confirmed in writing.

How financing is handled

If the purchase depends on a mortgage, the contract has to say so. Article 621-49 lets the buyer withdraw if the contract provides for bank financing, the bank refuses in writing within the agreed period and the refusal is not due to the buyer's negligence. The seller then returns the price paid and the penitenciales. The rule applies unless the parties agreed otherwise, and without a financing clause the right does not exist.

Ask your lawyer how long the bank has to answer, what document proves a refusal and whether any clause excludes this rule. How banks assess non-resident borrowers is covered in mortgages for non-residents.

Amount and registration of the deposit

The law sets no amount for arras. Ajuntament de Barcelona says around 10 % of the price is usual, but that is practice, not a legal rule. Agree the amount and the type with your lawyer before paying.

Arras penitenciales for up to six months, deposited with a notary, can be entered in the Registro de la Propiedad. The property is then charged with the duty to return them, and if a party withdraws the notary releases the money to whoever is entitled to it (article 621-8.3). Whether this suits your deal is for the lawyer to say.

What to bring to the meeting with your lawyer

• The latest draft of the deposit contract.
• The nota simple with its date of issue and the documents received from the seller.
• Your financing plan: own funds, mortgage, how far the bank has got.
• Your timeline: when the money will be available and when you can sign before the notary.
• The checks still open: debts to the comunidad (owners' association), IBI, any tenancy, property documents.

Who is responsible for what

ReloVictory is not a law firm. We help you gather documents, dates and questions; the contract is reviewed by a lawyer and tax consequences by a tax adviser. The order of checks before a deposit is set out in nota simple and arras.

Guide updated on 26.10.2026.