Arras Contract in Alicante – Why It Matters for Foreign Buyers

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:

  • Full identification of buyer and seller

  • Description of the property

  • Final purchase price

  • Deposit amount (usually 10%)

  • Completion deadline

  • 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.

  • If buyer backs out: loses deposit

  • If seller backs out: must return double the deposit

  • 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:

  • Estate agents (with seller-friendly clauses)

  • Online templates (missing key details)

  • Bilingual drafts with legal mismatches

❌ Risks include:

  • Losing your deposit unfairly

  • Vague deadlines or conditions

  • No clauses for delays, legal issues, or financing problems


🛡️ What a Lawyer Does in an Arras Contract

At Borderless Lawyers, we:

  • Draft or revise the contract in Spanish and your language

  • Add protection clauses (e.g. “subject to mortgage,” “subject to clean title”)

  • Confirm seller obligations and completion conditions

  • Hold the deposit securely if needed

  • 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.

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