Note
Reservation contract for a property in Spain
Quick answer
A reservation contract takes the home off the market for a short time in return for a small payment. It is not the sale. Check whether the money is refundable, how long the reservation lasts, who holds the money, and what the paper says about the next step. Have your lawyer read it first.
Applies toBuyers who like a home and are asked to pay to hold it while they do their checks.
On this page: 8 sections
§ 1The purpose
A reservation contract, contrato de reserva, is a short paper that keeps a home off the market while the buyer does the checks. It is not the sale, and it should not commit the buyer to buy. The buyer pays a small sum, and the seller agrees not to sell to others for a short period. The paper sits at the start of the sequence described in the rules on contracts before completion.
§ 2What to look for
Read the paper for five things. The sum and what it is for: is it a deposit on the price or a fee for holding the home. The period: how many days, and what happens at the end. The conditions: can you withdraw and recover the money if the checks fail, if you cannot get finance or if the property turns out to be irregular. The consequences: what the seller owes if they sell to another or withdraw. And the holder of the money: who has it and in what account.
§ 3Reservation or arras
Some papers called reservations behave like arras, and some arras are sold as reservations. The name does not decide the effect. A paper that says the money is part of the price and that the buyer will lose it if they withdraw is closer to penitential arras, which are explained in more on arras. If you only want to hold the home, say so, and ask for wording that matches.
§ 4Before you pay
Ask your lawyer to read the paper. Order the registry extract if you have not yet. Ask the agent to confirm in writing who the owner is and that the seller has authority to sell. A short delay is better than paying and then discovering that the person who took your money cannot sell. The checks are explained in the chapter on due diligence.
§ 5How the money is paid
Pay by bank transfer, with a clear reference, and keep the proof. Avoid cash. Ask for a receipt that states the sum, the purpose and the property. The notary prefers bank transfer or nominative cheque for the main payment, and a documented payment trail protects you at every stage.
§ 6What happens next
If the checks are satisfactory, the next step is usually a private contract or a date for the deed. If not, you withdraw under the conditions of the paper and ask for the money back. If the paper does not allow it, discuss with your lawyer before you act. See the private purchase contract explained for the next document.
§ 7Practical advice
Do not let a reservation rush you. If the agent says another buyer is waiting, treat it as pressure. A good home will survive a few days of checking, and a bad one is better lost.
§ 8More on this topic
The deposit explained explains what the deposit is, who holds it and when it returns and pulling out explained explains how a buyer can withdraw and what it costs.
FAQRelated questions
Is the reservation money refundable?
It depends on the paper. Some reservations are refundable if the checks fail, others are not. Read the terms before you pay. If the paper is silent, ask for a written statement of when the money comes back, and for a short, clear deadline.
How much should I pay?
A small amount compared with the price. The point is to hold the home briefly, not to commit to buy. Avoid large sums at this stage, and pay by bank transfer to an account whose holder you have checked.
What if the seller sells to someone else?
A reservation paper should say that the seller will not sell to others during the period and must return the money, perhaps with a penalty, if they do. Without that clause, the paper offers little protection.
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.