A Contrato de Arras is a private deposit agreement between the buyer and seller.
It secures the Marbella property deal before the final notary signing.
It typically includes:
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A 10% deposit from the buyer
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A fixed deadline to complete the purchase
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Penalty clauses if either party withdraws
This contract is legally binding under Article 1454 of the Spanish Civil Code.
🛡️ Why It Matters for Foreign Buyers
Many foreign buyers don’t realize:
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Once you sign this contract, you are legally committed
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If you back out, you lose your deposit
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If the seller backs out, they must return double the deposit
💡 That’s why it’s crucial to have your lawyer review or draft the arras contract before signing.
✍️ What’s Included in a Typical Arras Contract
| Clause | Purpose |
|---|---|
| Identification of parties | Buyer and seller details with NIE/passport |
| Property details | Full address and registry reference |
| Price and payment terms | Total price and deposit paid |
| Completion date | Deadline for signing the public deed |
| Penalty clauses | Legal consequences of withdrawal |
| Special conditions | Licenses, mortgage cancellation, repairs, etc. |
We tailor these clauses to protect foreign buyers.
⚠️ Common Risks in Marbella Arras Contracts
Without legal review, you risk:
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Losing your deposit if timelines or financing fall through
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Being forced into an incomplete or illegal property deal
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Agreeing to ambiguous terms that benefit the seller
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Accepting non-refundable deposits even if due diligence fails
✅ Our team ensures the contract is clear, fair, and enforceable.
🧑⚖️ Types of Arras Agreements in Spain
There are 3 types under Spanish law:
| Type | Description |
|---|---|
| Confirmatory arras | Simply confirms sale — no penalty clauses |
| Penalty arras (arras penitenciales) | Allows either party to withdraw (with penalty) — most common |
| Penal arras (arras penales) | Includes penalties but does not allow withdrawal |
💡 In Marbella, arras penitenciales are standard — but it must be clearly stated.
🛠️ Custom Clauses We Add for Foreign Buyers
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“Subject to due diligence” clause
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Financing condition clause
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Deadline extensions for POA or NIE
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Obligations for seller to provide certificates or repairs
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Penalties for seller delays
📅 What Happens After Signing?
After the arras is signed:
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We complete final due diligence
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Coordinate with the notary
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Prepare the deed (escritura pública)
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Ensure mortgage release (if needed)
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Sign the final sale — or cancel and enforce penalties if terms are breached
🌍 Can It Be Signed Remotely?
Yes — with Power of Attorney, we can:
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Draft and sign the arras
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Protect your deposit
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Handle all communication and filings
💼 Why Use Borderless Lawyers
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Experienced Marbella-based legal team
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Drafting and reviewing arras in English & Spanish
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Bilingual negotiation with seller’s side
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Risk minimization and buyer protection
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Remote signing with full transparency
📞 Need a Lawyer to Review or Draft Your Arras?
Don’t sign anything before you’re protected. Let us draft or review your Marbella arras contract to secure your rights and avoid surprises.