What to ask before a reservation

A reservation is not a formality

A reserva is a payment for a property that is sometimes requested even before the deposit contract (arras). The sources we have checked give the word reserva no legal regime of its own, so what matters is the text of the document: who receives the money, for what, for how long and on what terms it is returned.

How a specific document should be classified is for a lawyer to decide. As a reference point: under Catalan law, arras whose type has not been expressly agreed are confirmatorias, a sign that the contract has been concluded and part of the price, not a right to walk away at the cost of the payment (article 621-8 of Book Six of the Civil Code of Catalonia). More on the types in nota simple and arras.

What you must be told before any payment

• The agent. Which agent is involved. According to the Agència Catalana del Consum, an estate agent in Catalonia must be entered in the mandatory register of estate agents and have official complaint forms.
• The home. Identification of the property with its usable floor area and the reference of its entry in the Registro de la Propiedad (land registry).
• The price. The total price, including the taxes the law places on the buyer and other costs.
• The terms. The conditions of sale and the consequences of breaching them.
• New builds. For homes under construction, the start and handover dates.

Who receives the payment

Pay by transfer from your own account to the seller's account named in the document. Not in cash and not to a third party's account. If you are asked to pay the agent or someone else, ask your lawyer on what basis and on what terms they hold the money.

Get a receipt for any amount paid towards the price: the Agència Catalana del Consum says so explicitly. Check that whoever signs and receives the money is the owner shown in the nota simple or acts under a power of attorney. The notary will check that power when the escritura is signed, but you are paying earlier.

Which conditions are written down

• Term. Until what date the reservation applies and when the next document is signed.
• Credit against the price. Whether the amount counts towards the purchase price.
• Checks. What you can verify in that time: nota simple, seller's documents, debts to the comunidad de propietarios (the owners' association).
• Financing. Whether it reflects that the purchase depends on a mortgage.
• Refund. In which cases the money is returned, within what period and who decides that a condition has not been met.

What happens if a condition is not met

The answer belongs in the text, not in a verbal promise. Ask your lawyer to go through the scenarios: you change your mind; the seller changes their mind or sells to someone else; the bank says no; the nota simple shows an attachment or a different owner; the seller does not hand over documents. Each one needs an answer: is the money returned, in full or in part, and by when. If there is no answer, the document is corrected before you pay.

A common mistake noted in our article on deposits: a reservation is paid with no contract and no proof of payment. If a dispute arises, you then have neither the terms nor evidence of the amount.

Who is responsible for what

ReloVictory is not a law firm. We help you put together the questions and documents before you pay; the reservation text is reviewed by a lawyer. The overall purchase process for a foreign buyer is described in buying property as a non-resident.

If you have already signed a reservation, bring its text, the proof of payment and your correspondence with the agent or seller.

Guide updated on 26.10.2026.