Note
Pulling out of a property purchase in Spain
Quick answer
Whether you can pull out, and what it costs, depends on the paper you signed. A condition that failed may let you withdraw and recover the deposit. Penitential arras let you leave by losing the deposit. Without either, the seller may claim performance or compensation. Speak to your lawyer first.
Applies toBuyers who have signed a reservation, arras or private contract and are having second thoughts or have found a problem.
On this page: 10 sections
§ 1Why people withdraw
Buyers withdraw for good and bad reasons: a check finds a problem, finance fails, circumstances change, or doubts set in. The cost of leaving depends on the papers signed, as part of the sequence described in what to know about contracts before completion. The wise approach is to know your exit before you sign, because afterwards it is hard to improve.
§ 2Conditions that protect you
A contract with conditions gives you a right to withdraw if they fail: finance not granted, checks unsatisfactory, licences not delivered, charges not cleared. If a condition fails, you can say so in writing, within the deadline the contract sets, and ask for the deposit back. The wording and the deadline are essential. Do not let a condition lapse unnoticed.
§ 3Arras
If you signed penitential arras, you may leave by forgoing the deposit, as explained in the rules on arras. If you signed confirmatory arras, there is no built-in exit, and withdrawing may expose you to a claim for performance or compensation. The notary’s guidance describes the types, and your paper decides which applies.
§ 4A reservation
A reservation is the easiest to leave, if its terms are fair. Read the paper to see whether the money is refundable, and under what conditions. If it is not, you lose the sum but are not usually bound to buy. See the rules on the reservation contract.
§ 5The private contract
After a private contract the position is stricter. The seller may demand completion or compensation, and your deposit may be at risk. Your lawyer can negotiate an exit, often at a cost. Do not stop paying instalments or ignore letters without advice.
§ 6How to withdraw
Withdraw in writing, following the contract: the form, the address, the deadline. Say which clause you rely on. Ask your lawyer to send the letter. Keep a copy and proof of delivery, such as a registered letter or a lawyer’s certified email. Verbal statements are not enough, and a casual message can cause confusion about what you meant.
§ 7Timing
Deadlines in the contract are strict, and a missed deadline can cost you a right. Note each date on your calendar, and ask your lawyer to remind you of the ones that matter, such as the last day to confirm finance or to ask for the documents.
§ 8If the seller disputes it
The seller may refuse to return the deposit. In that case your lawyer will assess the claim and may suggest a negotiation or a legal action. Costs and delays are real, so a clear paper at the start is worth far more than a strong claim at the end.
§ 9Prevention
The best protection is preparation. Do the checks before you commit. Keep reservations small. Insist on conditions. Hold the money with a neutral party. The details of holding the deposit are in the rules on the deposit.
§ 10More on this topic
The rules on the private purchase contract explains the contract signed before the deed.
FAQRelated questions
Can I just walk away?
Not safely. What you signed decides your position. If a condition failed, you may have a right to recover the deposit. If you signed penitential arras, you can leave by forgoing it. If neither, the seller may claim. Take advice before you say anything.
What if the checks find a problem?
Tell your lawyer, who will check what the paper allows. If the contract makes the purchase conditional on satisfactory checks, you may withdraw and recover the deposit. If not, you may need to negotiate, and the seller is not obliged to agree.
What if the seller pulls out?
The effect depends on the paper too. With penitential arras the seller returns double. Otherwise you may demand completion or compensation. Keep every communication, and let your lawyer write to the seller. Do not accept a refund of only your deposit without advice.
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
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.