When buying property in Alicante, you’ll be asked to sign a “contrato de arras” — a deposit agreement that legally binds both buyer and seller to complete the transaction. For foreign buyers, this contract is critical. It defines the deal — and what happens if one party backs out.
At Borderless Lawyers, we draft or review your arras contract to ensure your rights are protected before you commit funds.
📄 What Is an Arras Contract?
The arras contract is a private contract signed after due diligence but before the notary deed. It includes:
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Full identification of buyer and seller
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Description of the property
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Final purchase price
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Deposit amount (usually 10%)
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Completion deadline
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Penalties for non-compliance
✅ It locks in the deal and removes the property from the market.
⚖️ What Types of Arras Exist?
In Spain, there are three types — but penitential arras (arras penitenciales) are most common in Alicante.
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If buyer backs out: loses deposit
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If seller backs out: must return double the deposit
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If both agree to cancel: refund terms may be negotiated
💡 This structure protects both sides, but only if the contract is clear and legal.
🚫 Risks of Signing Without a Lawyer
Many foreign buyers sign contracts prepared by:
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Estate agents (with seller-friendly clauses)
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Online templates (missing key details)
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Bilingual drafts with legal mismatches
❌ Risks include:
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Losing your deposit unfairly
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Vague deadlines or conditions
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No clauses for delays, legal issues, or financing problems
🛡️ What a Lawyer Does in an Arras Contract
At Borderless Lawyers, we:
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Draft or revise the contract in Spanish and your language
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Add protection clauses (e.g. “subject to mortgage,” “subject to clean title”)
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Confirm seller obligations and completion conditions
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Hold the deposit securely if needed
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Represent you with a POA if you’re buying remotely
💬 Final Word
The arras contract in Alicante is more than a deposit — it’s your legal commitment. If it’s poorly written or rushed, you could lose thousands.
At Borderless Lawyers, we ensure your arras contract protects you — not just the seller or agent.
📞 Contact us before signing any arras contract in Alicante — we’ll review or draft it to protect your investment.