In short. A deposit contract (contrato de arras) commits the buyer before many details of the property are known. Before signing, it is advisable to check the licences, the land classification, whether the Land Registry (Registro de la Propiedad), the Spanish Cadastre (Catastro) and the reality on the ground match, and any proceedings at the Town Hall.

What to do if the review finds something

If the review uncovers unlicensed construction or differences in floor area, the deposit contract is the time to resolve them: it can be agreed that the seller will legalise the works before the title deed (escritura pública) is signed, the price can be adjusted or the purchase can be made conditional on the outcome of a specific procedure.

Why it pays to check before the deposit contract

Once it has been signed without those safeguards, a buyer who withdraws loses the amount paid. That is why we recommend commissioning planning due diligence as soon as an offer has been accepted and setting a deadline for the title deed in the deposit contract that allows for its outcome.

Questions about a specific property? Write to us from the contact page or call us on +34 956 76 99 03 and we will tell you which checks your case requires.