Reservation, deposit and arras are not interchangeable labels
Read the obligations rather than relying on the document's heading. A reservation can already contain binding commitments. Arras may serve different purposes, and the right to withdraw by losing the deposit or returning double must not be assumed to apply to every payment.
Article 1454 of the Civil Code regulates the withdrawal arrangement associated with penitential arras. Whether a particular agreement establishes that arrangement depends on its wording and interpretation. Other deposits may accompany remedies for breach rather than a simple paid exit.
If you need a mortgage, address it explicitly
A bank's initial indication is not the same as final approval of the loan and the property. Do not assume a refusal automatically entitles you to recover your deposit. If financing is essential, negotiate a clear condition before signing.
Specify what must be obtained, the deadline, what evidence is required if finance is refused, how notice is given and what happens to the money. Consider whether a low valuation or a smaller loan than expected is covered. The clause must be agreed by the parties; a buyer cannot add that protection after paying simply by explaining the problem.
Checks before money changes hands
- Identify the registered property and all sellers, including any representative's authority.
- Check current registry information, charges, mortgages and any rights affecting the purchase.
- Confirm the relevant planning and occupancy position; a registry extract alone does not verify every alteration.
- Review community debts, recent minutes and significant planned or approved expenditure.
- Record whether tenants, other occupants, furniture, parking and storage are included in the deal.
- Confirm who receives the deposit, on whose behalf, and the written conditions for release or return.
For an apartment in La Cala or a house elsewhere in Mijas, a short viewing cannot replace these checks. Ask for enough time to review missing documents instead of accepting a deadline that makes meaningful investigation impossible.
Plan completion and possible delays
Set a realistic date, identify outstanding documents and agree how any extension must be recorded. A WhatsApp conversation may not resolve contradictory clauses in the signed contract. If a deadline is approaching, obtain advice before it expires rather than silently allowing it to pass.
Verify payment instructions through a trusted, independently checked channel, especially if bank details change. Keep the signed agreement and proof of transfer. Do not send money solely because an email carries a familiar logo or an urgent request.
Frequently asked questions
Is there a general cooling-off period after signing arras?
Do not assume one applies to a property purchase. Any withdrawal right must be assessed from the contract and applicable law.
Is the deposit always 10%?
No. The amount is negotiated. Its legal effect and the conditions attached matter as much as the percentage.
Should I sign before my lawyer sees the papers?
If legal review is intended to protect the deposit, arrange it before committing. A later review cannot guarantee that signed obligations can be undone.