The Arras Trap: Why Your Spanish Deposit Could Be at Risk (and How to Protect It)

In Spain, the Contrato de Arras is standard. You pay 10% to secure the property. But what happens if things go wrong?

Types of Arras

• Arras Penitenciales: The most common. If you pull out, you lose the deposit. If the seller pulls out, they pay you double.
• Arras Confirmatorias: These act as a down payment. Neither party can simply "pull out" by paying a penalty; they can be forced to complete the sale.

The Risk

If you sign an Arras contract before your mortgage is fully approved and the bank says "no", you lose your deposit. Always include a clause making the purchase subject to mortgage approval (cláusula abusiva protection).

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