Note
Making an offer on a property in Spain
Quick answer
An offer becomes binding through the reservation or deposit contract, not through a conversation. Know which kind of arras you are signing, pay by traceable transfer and put every condition in writing before any money moves.
Applies toBuyers who have chosen a home and are about to reserve it. New-build purchases add developer guarantees covered on their own pages.
On this page: 6 sections
§ 1When an offer becomes binding
A price agreed in conversation is not what commits you. The commitment sits in the reservation or deposit contract you sign and the money you pay. Before either, make sure the legal position of the home is clear, which means having the registry entry read. The registrars advise checking it together with the last tax receipt, the community fee position and the energy and habitability certificates before signing. The items needed to buy lists what to have in hand.
§ 2The deposit contract and the arras
A deposit paid in Spain is usually called arras. According to the Notariado, arras are optional. Confirmatory arras are the most common, and they are a part payment that confirms the contract. Penitential arras apply only if agreed, and they let a party withdraw: the buyer loses the deposit, or the seller returns it doubled.
The point for you is that the wording decides your risk. Ask your lawyer which type is written, what conditions end the contract without penalty and what date the deed must be signed by. A clause that lets you withdraw if the registry shows a debt is worth more than a lower price.
§ 3How to pay
Notaries prefer payment by bank transfer or nominative cheque, recorded in the deed. A transfer leaves proof of who paid whom and when. Pay only to the account named in the contract and keep the confirmation with the contract. If anyone asks you to pay into a different account at the last minute, stop and check with your lawyer by a channel you already know.
§ 4What to put in writing
Put the price, the deposit, the date of the deed, what the price includes, such as furniture, and any conditions in the contract. The seller remains liable for non-obvious defects unless you release them, so be careful with clauses that release the seller. The notary gives free and impartial advice and you may choose your notary, so use that chance to ask what each clause means before signing the deed.
§ 5What comes next
After the reservation, the time to the deed is set by the checks and, if used, by a lender. How long buying takes describes the dependencies.
If you have not yet seen the home in person, what to do on a viewing trip comes first, and if you are still comparing homes, the search for a property covers the earlier stage.
Use the purchase checklist to confirm each condition is met before you pay, and return to the stages of buying for the rest of the route.
§ 6Before you say yes
Three questions are worth asking at this point. First, what exactly happens to the deposit if the registry entry shows a debt that was not disclosed? Second, which date is the latest on which the deed can be signed, and what follows if either side misses it? Third, what is included in the price, and is it listed? A seller who answers these plainly and in writing is easier to buy from than one who prefers to talk.
FAQRelated questions
Is an offer binding before I sign anything?
A verbal agreement is a weak basis and should not be relied on. What commits you is the document you sign and the money you pay. Put the price and every condition in writing, and have your lawyer read the document before you sign it.
What happens to my deposit if I withdraw?
It depends on the wording you signed. With the most common kind the deposit is a part payment, and with the kind that allows withdrawal you lose it or the seller repays double. Ask your lawyer which one the clause creates.
Who holds the deposit?
The contract should name who receives it and for what. Pay by bank transfer to the named account and keep the proof. Avoid cash, and ask your lawyer whether a more protected route, such as payment through a notary or a lawyer's account, is available.
Sources
- Consejo General del Notariado: Me voy a comprar una casa: ¿es obligatorio firmar el contrato de arras? (official source, opens in a new window), Arras: purpose, types and consequencesLast checked 17 October 2026
- Consejo General del Notariado: Houses and real estate properties (official source, opens in a new window), Steps, documents and the notary's roleLast checked 17 October 2026
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.