What Is a Contrato de Arras?
The Contrato de Arras is a private, legally binding deposit agreement between the buyer and seller.
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Usually signed before the final deed (escritura)
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Sets the purchase price and conditions
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Typically includes a 10% deposit
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Outlines penalties for withdrawal
In Seville, this is a crucial legal step — and one where many foreign buyers make costly mistakes.
🧷 Types of Arras Contracts in Spain
There are three main types, but the most common is:
🔹 Penal Arras (Arras Penitenciales) – Article 1454 Civil Code
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If buyer withdraws → loses deposit
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If seller withdraws → must refund double the deposit
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Most commonly used by foreign buyers and sellers
The other two types (confirmatory or penalty arras) have different legal consequences and are rarely used in Seville unless custom-drafted.
⚠️ Why Foreigners Must Be Cautious
Agents often push buyers to sign quickly — even before:
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Due diligence is done
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Legal review of the contract
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NIE is issued
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Financing is confirmed
🚨 But once signed, the contract is binding under Spanish law. Backing out means losing your deposit.
📋 Key Clauses to Review Carefully
At Borderless Lawyers, we draft or review every arras contract to ensure protection. Critical elements include:
| Clause | Why It Matters |
|---|---|
| Full property details | Must match registry exactly |
| Deposit amount | Typically 10%, but negotiable |
| Seller’s obligations | Clean title, no debts, legal property |
| Completion deadline | Enough time for mortgage/NIE |
| Penalty terms | Who pays what in case of withdrawal |
| Conditional clauses | Mortgage approval, repairs, urban planning status |
✅ We often include suspensive conditions to protect you.
🏠 Typical Timeline in Seville
| Step | Time |
|---|---|
| Sign Contrato de Arras | Week 1 |
| Due diligence + mortgage approval | Weeks 1–4 |
| Notary signing (Escritura Pública) | Week 4–6 |
We adapt this timeline based on your needs (residence, financing, Power of Attorney, etc.).
✍️ Can You Sign the Arras Contract Remotely?
Yes. If you’re abroad:
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We prepare and sign the contract for you via Power of Attorney
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We send bilingual versions (Spanish + English)
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We guide you step-by-step and explain all terms clearly
This avoids delays — and ensures you don’t commit without legal protection.
🧑⚖️ How Borderless Lawyers Protects You
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We review the seller’s documents and registry before signing
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Draft custom arras contracts tailored to your situation
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Add legal safeguards (clauses for mortgage, due diligence, etc.)
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Negotiate better terms when needed
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Help recover your deposit in case of seller breach
We never let you sign a contract with risk or uncertainty.
📞 Signing a Contrato de Arras in Seville? Let Us Review It First
Even experienced investors make mistakes with arras contracts in Spain. Don’t risk losing 10% — let our Seville-based lawyers secure your deal.