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Contrato de arras penitenciales - earnest-money pre-contract

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Contrato de arras penitenciales

Who needs it

Buyer and seller who have agreed on a property purchase and want to lock in the transaction before the final Escritura pública.

When needed

Usually 30 to 90 days before the notary day. The earnest-money amount is commonly around 10% of the price; the contract sets the deadline to escritura, the price, and the penalty terms.

Where to get it

Preparation is done by a licensed attorney (recommended, not an agency). It is best to sign with a notario for legal security.

Timeline

Signing takes 1 to 2 hours. The period between arras and escritura is typically 1 to 3 months.

Faster with Key4Spain

Cita previa

No; the signing is scheduled directly between the parties and their lawyers.

What to bring

  • •Passport and NIE for the buyer
  • •Seller identification (passport / DNI)
  • •Recent Nota Simple of the property (not older than one month)
  • •Property details (referencia catastral, full address)
  • •Funds for the deposit (commonly 10%); bank transfer with traceable reference

Common mistakes

  • âš Signing without an independent abogado reviewing the clauses.
  • âš Not ordering a fresh Nota Simple right before signing.
  • âš Not understanding which type of arras is being used (penitenciales / confirmatorias / penales).
  • âš Paying the deposit without a traceable bank transfer.
  • âš No clear escritura date or no clear penalty clauses in the contract.

What to say at the counter

We are ready to sign the contrato de arras. (Estamos listos para firmar el contrato de arras.)

Official source
Key4Spain service

Handling this via Key4Spain ensures 0% margin for error.