When to pause a purchase

A deadline does not answer questions

A pause is needed when, before a payment or a signature, you are still missing information without which you cannot judge the risk. A tight deadline does not reduce that risk; it only leaves less time to check.

Decide in advance what you will not proceed without, and write it down. Under pressure it is easier to give way than when you have a list. A pause is not a withdrawal: it is time to obtain a document or a specialist's answer.

Signals to pause

• The seller is not the owner shown in the nota simple (an information extract from the Registro de la Propiedad), or a representative is selling under a power of attorney the notary has not yet seen.
• Charges with no plan. There is a mortgage, an attachment (embargo) or a restriction on disposal, and the contract does not say how and when it will be cleared.
• An old extract. A nota simple shows the position on its date of issue; you need a fresh one before the notary.
• Missing seller documents: the cédula de habitabilidad (certificate of fitness for occupation) and the energy performance certificate.
• No debt certificate from the comunidad de propietarios. The flat answers for building debts for the current year and the four previous years.
• The flat is let and you have not seen the tenancy agreement.
• The deposit contract does not state the type of arras, or has no mortgage condition although you are buying with a mortgage.
• Money requested without a document. Before any payment you must be given the identification of the home, the price including taxes and the terms of sale, and a receipt for the sum.
• Mortgage without a FEIN. The bank must hand over its binding offer at least 10 calendar days before signing, and a free visit to the notary is required beforehand.
• Tax not calculated: you do not yet know whether it is ITP or VAT plus AJD, or at what rate.

What you risk by carrying on

In Catalonia a deposit is confirmatory by default (arras confirmatorias): it is part of the price and gives no right to withdraw by forfeiting it. With a penalty deposit (arras penitenciales) a buyer who withdraws loses it. If the contract provides for bank financing and the bank refuses in writing within the agreed period, the buyer can withdraw unless the parties agreed otherwise (article 621-49 of the Catalan Civil Code). Without such a condition the deposit is at risk. Details: nota simple and arras.

That is why the cheapest moment to pause is before the deposit. After the escritura there is only performance left: form 600 for the tax is filed within one month of the transaction.

Who can close each question

ReloVictory is not a law firm and does not replace specialists. Each open question is closed by whoever is entitled to confirm it. A nota simple is for information only; only a certificación registral proves to third parties that a property is free of charges.

How to put a purchase on hold

Say in writing what information is missing and on what condition you will proceed: which document, from whom and by when. If a signing deadline is already in the deposit contract, agree any extension with the seller in writing before it expires, and have a lawyer check the wording.

Pay nothing while the question is open. On building debts see the comunidad de propietarios, and on the notary's role see the escritura and the notary. Sometimes the right outcome of a pause is to walk away before paying a deposit.

Guide updated on 26.10.2026.