Contrato de Arras in Spain: What Foreign Buyers Should Know Before Buying in Castelldefels and Gavà Mar

When buying property in Spain, one of the key steps before signing at the notary is the contrato de arras. This is the private deposit agreement between the buyer and the seller.

For buyers in Castelldefels, Gavà Mar and Les Botigues de Sitges, this document is especially important. Property prices are high, the market can move quickly, and buyers often feel pressure to secure the property fast. Still, the arras contract should never be signed without proper checks.

In most cases, the buyer pays around 10% of the purchase price when signing the contrato de arras. This amount is later deducted from the final price. However, if the buyer withdraws without a valid reason, the deposit may be lost. If the seller withdraws, the seller may have to return double the deposit.

What should be checked before signing?

Before signing the contrato de arras, the buyer should check the legal status of the property. The first document to review is usually the Nota Simple, which shows who owns the property and whether there are registered charges, such as a mortgage, embargo or other limitation.

It is also important to check whether the property is sold free of tenants, whether community fees are up to date, and whether there are any pending debts or approved community works.

For villas, beachfront homes and properties with terraces or pools, it is also worth checking whether the physical condition of the property matches the legal documentation.

What should the contract include?

The contrato de arras should clearly identify the buyer, the seller and the property. It should include the final purchase price, the amount of the deposit, the payment method and the deadline for signing the final deed before the notary.

It should also explain who pays the different costs, how any existing mortgage will be cancelled, and what happens if either party does not complete the transaction.

The most important point is the type of arras. In many transactions, the parties use arras penitenciales. This means the buyer may lose the deposit if they withdraw, while the seller may have to return double the amount if they withdraw.

Special rules in Catalonia

In Catalonia, the wording of the contrato de arras is very important. If the parties want the agreement to work as arras penitenciales, this should be clearly stated in the contract.

A generic contract copied from another region of Spain may not protect the buyer properly.

There is also an important point for buyers who need a mortgage. If the purchase depends on bank financing, the contract should include a clear mortgage clause. Without it, the buyer may risk losing the deposit if the bank refuses the mortgage.

Why local support matters

Buying in Castelldefels or Gavà Mar is not only about signing documents. Many properties are part of residential communities, have shared areas, or include features such as terraces, gardens, pools or parking spaces.

Before signing arras, it is worth checking not only the legal documents but also the practical side of the property. Is the community well managed? Are there future maintenance costs? Can the property be rented in the future? Does it fit the buyer’s real plans?

These details matter, especially for foreign buyers who do not live in Spain full-time.

How CASTAVA can help

CASTAVA helps international buyers before they sign a contrato de arras.

We help coordinate the practical checks, request key documents, organise viewings, review the local context and connect buyers with trusted legal and tax professionals when needed.

Our goal is simple: to help buyers understand the property, the process and the risks before making a financial commitment.

If you are planning to buy property in Castelldefels, Gavà Mar or Les Botigues de Sitges, contact CASTAVA before signing a contrato de arras. We will help you organise the right checks and move forward with confidence.