What Is a Contrato de Arras – and Why It’s Crucial When Buying Property in Barcelona?

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:

  • Reserves the property while paperwork and financing are finalized

  • Confirms mutual intent to buy/sell

  • Sets a deadline for signing the Escritura Pública (final deed)

  • 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)

  • Either party may withdraw — with penalty

    • Buyer loses deposit

    • Seller returns double the deposit

  • Common in standard property transactions

🟠 Arras Confirmatorias

  • Confirms the sale — no withdrawal allowed

  • Buyer can sue for completion if the seller pulls out

🔴 Arras Penales

  • Treated as a penalty clause

  • 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:

  • ❌ Losing the deposit due to unclear cancellation terms

  • ❌ Accepting incorrect property data (size, registration, debts)

  • ❌ Missing tax implications or urban limitations

  • ❌ Committing to unrealistic signing deadlines

  • ❌ 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:

  • ✅ Buyer and seller information

  • ✅ Property registry details and cadastral ID

  • ✅ Deposit amount and payment method

  • ✅ Legal withdrawal conditions for both parties

  • ✅ Penalties for breach

  • ✅ Deadline for signing the notarial deed

  • ✅ Notary location and appointment plan

  • ✅ 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:

  • Favor the seller

  • Ignore foreign buyer protections

  • Are written only in Spanish

  • Lack key clauses around due diligence, inspections, or financing

At Borderless Lawyers, we:

  • Draft or review your arras contract in bilingual format

  • Negotiate fair terms with the seller

  • Ensure your deposit is legally protected

  • 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:

  • Signing the arras contract

  • Holding your deposit in escrow

  • 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.

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