Note
Private purchase contract in Spain (contrato de compraventa)
Quick answer
A private purchase contract records the terms of the sale before the deed: the price, the property, the deadline, the conditions and the penalties. It usually comes with a deposit and binds both sides. Have your lawyer read it, and make sure it matches what the registry and the licences show.
Applies toBuyers who have agreed a price and are asked to sign a contract before the date of the deed.
On this page: 8 sections
§ 1What it is
The private purchase contract, contrato privado de compraventa, is a contract between buyer and seller signed before the deed. It sets the price, identifies the property, fixes the date for the deed and says what happens if something goes wrong. It usually accompanies a deposit, often as arras, which are explained in arras explained. It is part of the family of documents described in contracts before completion in detail.
§ 2Contract and deed
The contract binds the parties from the moment it is signed. The deed before the notary is the public document that completes the sale, and registration protects the buyer against the seller’s creditors and hidden charges. The two must match. If the contract says one thing and the deed another, the deed prevails in practice because it is what the registry records. The terms of the deed are explained in the chapter on completion.
§ 3Parts of the contract
Read each part. The parties: names, identity numbers, capacity. The property: address, registry data, cadastral reference, what is included such as furniture, parking or storage. The price and how it is paid. The deadline for the deed and the place. The conditions that must be met before the deed. The charges and debts: the seller’s promise that the property is free of them, or the way they will be cleared. The consequences of failure.
§ 4Conditions
Conditions protect the buyer. Typical ones are obtaining finance, receiving satisfactory documents, delivery of the licences and certificates, and clearing charges. Each should have a deadline and a result: what happens if the condition is not met. Without conditions, your only exit may be to lose the deposit.
§ 5The seller’s promises
Ask the seller to declare that the property is free of charges and debts, that the community fees are up to date and that no works or disputes are pending. The seller remains liable for non-obvious defects unless the buyer releases them. Where the seller is foreign, the buyer’s retention is recorded in the deed, and the contract should anticipate it.
§ 6Penalties and the deadline
Check what happens if the seller fails to complete, and what happens if you do. A penalty that is the same for both sides is common. A penalty that falls only on the buyer is a red flag. Check whether the deadline can be extended, and on what terms.
§ 7Language and law
Ask for a text you can read, and have the key clauses translated. Where the contract has two languages, ask which prevails. The sworn translator’s role is covered in the chapter on professionals. Keep the signed original and a copy for your lawyer.
§ 8More on this topic
The reservation contract explained explains the short paper that takes a home off the market and how the deposit works explains what the deposit is, who holds it and when it returns.
How pulling out works explains how a buyer can withdraw and what it costs.
FAQRelated questions
Is the private contract the same as the deed?
No. The private contract binds the parties, but ownership passes and the public record changes only through the deed before the notary and the registration. The contract sets the road to the deed and the penalties for failing to reach it.
What clauses should I insist on?
Ask for exit conditions tied to financing and to the outcome of your checks, a hard date for the deed, the owner’s assurance about charges and arrears, and clear wording on the deposit. A lawyer can tailor these to you.
Can I sign it in English?
A contract in English can bind you, but check what law and language govern it and whether the parties signed a Spanish version too. Ask for a bilingual text and for a translation of the key clauses, and have your lawyer read both.
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.