If you’re a foreigner buying property in Barcelona, the Contrato de Arras is one of the most important — and misunderstood — legal documents you’ll sign.
This private agreement comes before the notarial deed and involves a financial deposit. It legally binds both the buyer and seller — and defines what happens if either party pulls out.
Understanding this contract — and having a property lawyer review it — is absolutely essential for international buyers.
📌 What Is a Contrato de Arras?
A Contrato de Arras is a pre-sale deposit agreement between the buyer and seller. It:
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Reserves the property while paperwork and financing are finalized
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Confirms mutual intent to buy/sell
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Sets a deadline for signing the Escritura Pública (final deed)
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Defines penalties if either party backs out
It typically involves paying 5–10% of the total purchase price as a deposit.
🔎 Types of Arras Contracts in Spain
There are 3 types, but penitential arras (arras penitenciales) are the most common in Barcelona:
🟢 Arras Penitenciales (Article 1454 Civil Code)
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Either party may withdraw — with penalty
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Buyer loses deposit
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Seller returns double the deposit
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Common in standard property transactions
🟠 Arras Confirmatorias
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Confirms the sale — no withdrawal allowed
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Buyer can sue for completion if the seller pulls out
🔴 Arras Penales
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Treated as a penalty clause
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May involve additional damages beyond the deposit
Most foreign buyers are offered arras penitenciales, but wording matters — some contracts combine multiple clauses without clarity.
⚠️ Legal Risks for Foreign Buyers
Without legal guidance, buyers risk:
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❌ Losing the deposit due to unclear cancellation terms
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❌ Accepting incorrect property data (size, registration, debts)
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❌ Missing tax implications or urban limitations
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❌ Committing to unrealistic signing deadlines
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❌ Accepting liability for future repairs or issues
📋 What to Include in a Well-Drafted Contrato de Arras
A lawyer-reviewed arras contract should clearly state:
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✅ Buyer and seller information
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✅ Property registry details and cadastral ID
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✅ Deposit amount and payment method
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✅ Legal withdrawal conditions for both parties
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✅ Penalties for breach
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✅ Deadline for signing the notarial deed
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✅ Notary location and appointment plan
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✅ Clauses on financing, debts, and third-party rights
We always ensure the contract reflects your interests — not the agent’s.
🛡️ Why You Need a Lawyer Before Signing
In Barcelona, many real estate agents use template arras contracts that:
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Favor the seller
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Ignore foreign buyer protections
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Are written only in Spanish
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Lack key clauses around due diligence, inspections, or financing
At Borderless Lawyers, we:
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Draft or review your arras contract in bilingual format
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Negotiate fair terms with the seller
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Ensure your deposit is legally protected
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Confirm the property is legally viable before any payment is made
✈️ Buying Remotely? We Handle It All
We can represent you using Power of Attorney, including:
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Signing the arras contract
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Holding your deposit in escrow
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Managing the full purchase from abroad
📞 Protect Your Property Purchase with Expert Legal Advice
Never sign a Contrato de Arras in Barcelona without proper legal review. One mistake can cost you thousands.