Contrato de Arras in Marbella – The Deposit Agreement Explained for Foreign Buyers
If you’re buying a home in Marbella, one of the first legal steps is signing a Contrato de Arras — a private deposit agreement that binds both parties to the sale.
At Borderless Lawyers, we draft and review these contracts for foreign buyers to ensure full legal protection and clarity before you transfer any money.
📄 What Is a Contrato de Arras?
The Contrato de Arras is a legally binding pre-sale agreement between buyer and seller. It typically:
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Reserves the property
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Sets a final purchase deadline
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Requires a 10% deposit from the buyer
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Includes penalties if either side fails to complete the deal
There are three types under Spanish law, but the most common in Marbella is the arras penitenciales.
💶 Key Terms in a Marbella Arras Contract
A proper Contrato de Arras should include:
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✅ Full identity of both parties
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✅ Property details and legal ID
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✅ Agreed final price
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✅ Payment schedule and method
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✅ Deadline to sign at the notary
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✅ Penalty clauses for non-compliance
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✅ Confirmation of legal status and debts
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✅ Optional clauses: financing, renovation approvals, POA use
✅ We customize your arras contract to reflect your situation, language, and purchase terms.
⚖️ What Happens If the Buyer or Seller Pulls Out?
Under arras penitenciales:
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If you withdraw, you lose your deposit
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If the seller withdraws, they must return double the deposit
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If either fails due to legal breach, further damages may apply
💡 That’s why legal review is essential — don’t use a “standard” template.
🛡️ Legal Risks Without Proper Arras Review
Common problems:
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Contract favors the seller or includes hidden penalties
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Unclear who pays taxes or fees
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Seller isn’t the true legal owner
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Buyer commits to purchase before legal due diligence
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Buyer pays deposit directly to seller with no protection
✅ At Borderless Lawyers, we draft or negotiate your arras to protect your money and ensure safe execution.
📦 Can It Be Done Remotely?
Yes. With Power of Attorney, we:
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Review or create your arras contract
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Sign on your behalf
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Secure your deposit in a protected legal account
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Ensure your funds are refunded if conditions aren’t met
📌 All steps are documented and fully compliant with Spanish law.
💬 Final Word
The Contrato de Arras in Marbella is not just a formality — it’s a crucial legal tool that locks in your purchase and protects both parties. But without legal guidance, it can expose you to major risk.
At Borderless Lawyers, we ensure your arras contract is fully legal, fair, and safe.
📞 Contact us before signing any agreement — we’ll protect your investment from the very first step.