Contrato de arras penitenciales - earnest-money pre-contract
Online verifiedContrato 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 Key4SpainCita 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.)
Handling this via Key4Spain ensures 0% margin for error.