The arras contract (contrato de arras) is a private pre-sale agreement that secures the deal between buyer and seller in Málaga. For foreign buyers, this document is one of the most important legal steps in the purchase process — and often misunderstood.
At Borderless Lawyers, we review and draft arras contracts to protect your deposit and enforce your rights under Spanish law.
🤝 What Is an Arras Contract?
It’s a legally binding agreement that:
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Confirms the buyer’s intent to purchase the property
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Sets a final price, payment schedule, and deadline
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Requires the buyer to pay a deposit (usually 10%)
There are different types of arras, but the most common in Málaga is the penal arras (arras penitenciales) — which includes penalties for withdrawal.
💶 What Happens If the Buyer or Seller Backs Out?
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If the buyer withdraws: they lose the deposit
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If the seller withdraws: they must return double the deposit
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This clause is enforceable in Spanish courts
✅ That’s why a properly drafted arras contract is essential before transferring money.
📄 What Should Be Included in the Contract?
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Full identification of buyer and seller
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Detailed property description
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Agreed sale price
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Deposit amount and payment method
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Maximum date to complete the notary signing
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Penalty clauses for breach
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Conditions precedent (e.g., mortgage approval, legal clearance)
💡 Without legal review, contracts often miss key protections — or include clauses favoring the seller.
🛡️ How We Protect Foreign Buyers
At Borderless Lawyers, we:
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Review or draft the arras contract in Spanish and your language
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Include buyer protections (e.g., full refund if legal issues arise)
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Manage the deposit securely
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Confirm due diligence is complete before you sign
✅ This prevents you from committing to an unsafe or illegal property.
🧠 Common Mistakes We Prevent
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Signing a template contract without legal terms
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Paying a deposit to the seller directly (risk of fraud)
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Setting no conditions or time limit
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Using the wrong type of arras (civil vs. penal)
💬 Final Word
The arras contract in Málaga is your legal safety net — but only if it’s correctly drafted and reviewed by a lawyer. Otherwise, you risk losing your deposit or facing disputes.
At Borderless Lawyers, we ensure your arras contract protects you, not just the seller or agent.
📞 Contact us now for a safe arras agreement before you buy in Málaga.