ManagoraMANAGORA
ESEN

Contrato de arras (deposit contract, the pre-contract to a property sale)

Contrato de arras (deposit contract, the pre-contract to a property sale) is filed with Documento privado entre las partes (no precisa notario; sí en la compraventa final). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €29 to €29. Official tasa (government fee): No fees. ITP or VAT falls due on the final sale, calculated on the full price.

We draft the contrato de arras (deposit contract) that precedes the sale of a property, in its 3 forms: CONFIRMATORIAS (a payment on account of the price + the remedy in art. 1124 CC, and the form presumed by law), PENALES (with a penalty clause for breach) or PENITENCIALES (art. 1454 CC, allowing either party to walk away, the buyer losing the deposit or the seller returning double, and requiring an express agreement). We check the amount (typically 5-15 % of the price), a sensible deadline for completing the sale (1-4 months), the registry description of the property and any charges. No ITP or VAT is payable until the sale itself.

Start this procedure →See all procedures
Estimated total cost
€29 to €29
Managora's fee
€35.09 (21% VAT incl.)
Tasa (official government fee)
No fees. ITP or VAT falls due on the final sale, calculated on the full price. (suplido: paid to the authority on your behalf, no VAT)
Processing time
The private document is signed immediately. Typical deadline to complete the sale: 1-4 months.
Where it is filed
Documento privado entre las partes (no precisa notario; sí en la compraventa final) ↗
What you receive
Application

Cost breakdown: Our fee 29 €. No fees on the deposit contract: ITP or VAT falls due later, on the final sale, calculated on the full price..

Contrato de arras (deposit contract, the pre-contract to a property sale): how is it filed?

  1. 1Answer the chat questions (around 10 minutes).
  2. 2We work out the right type of deposit and check the amount (typically 5-15 %) and the deadline (1-4 months).
  3. 3We check the charges declared and whether the mortgage can be taken over; if anything is missing, we chain it with nota_simple_rp.
  4. 4Payment of 29 € for our fee. No AJD or ITP on the deposit (it falls due on the final sale).
  5. 5Sign the mandate from your mobile.
  6. 6We draft the full private contract with protective clauses for both parties.
  7. 7The contract is signed and the agreed amount handed over to the seller (a transfer is preferable, so there is a record).
  8. 8The run-up to the sale: arranging finance, the valuation, checking the charges.
  9. 9The final sale before a notary before the deadline. ITP or VAT + AJD is then settled depending on the type of home.
  10. 10If the deal falls through: we apply the consequences of the type of deposit agreed.

Which documents do you need?

  • •DNI / NIE / CIF of the buyer and the seller.
  • •An up-to-date nota simple for the property (use nota_simple_rp if you do not have one).
  • •The latest IBI bill.
  • •If the home is part of a building held in horizontal division: a certificate from the community of owners about any outstanding levies.
  • •If the mortgage can be taken over: a bank certificate showing the outstanding capital.
  • •Proof of how the deposit is paid (transfer, cheque).

Legal basis and things to bear in mind

  • Legal framework: arts. 1124, 1255, 1450, 1454, 1281-1289 CC + Supreme Court case law (in particular STS 24-3-2009 on the presumption in favour of arras confirmatorias).
  • Types of deposit: CONFIRMATORIAS (presumed by law where nothing is agreed: a payment on account + art. 1124 CC), PENALES (a penalty clause for breach), PENITENCIALES (art. 1454 CC: the right to walk away; the buyer loses the deposit, the seller returns double; an express agreement is required).
  • Typical amount: 5-15 % of the price. Too low (< 5 %) means a weak commitment; too high (> 20 %) means excessive exposure under penal or penitential deposits.
  • Sensible deadline: 1-4 months. That allows time to arrange finance, get a valuation and check the charges. Deadlines over 1 year are unusual and risky (the market and financing conditions change).
  • The deposit does NOT attract ITP or VAT. The tax falls due on the final sale, calculated on the full price (including the part already handed over as a deposit).
  • The deposit is NOT entered at the Land Registry (only the final sale is). If you want it to bind third parties, consider a precautionary entry (rarely used).
  • The final sale: a second-hand home means ITP payable by the buyer (6-10 % depending on the autonomous community); a new home from the developer means 10 % VAT + AJD, also payable by the buyer.
  • Natural next steps: nota_simple_rp (to check the charges before signing), novacion_hipoteca_rp in its change-of-borrower form (the buyer taking over the mortgage), cancelacion_hipoteca_rp (if the seller cancels first), cambio_titularidad_catastro (after the sale).
  • A private document is ENOUGH between the parties. Deposit contracts are not usually raised to a public deed (the final sale is). If the property is sold with the mortgage taken over, the usual practice is a single deed covering both the sale and the subrogación.
  • WARNING: if the parties want PENITENCIALES, they must agree so EXPRESSLY. The presumption at law (STS 24-3-2009) is CONFIRMATORIAS, which do not allow either party to walk away freely.

Contrato de arras (deposit contract, the pre-contract to a property sale): frequently asked questions

Contrato de arras (deposit contract, the pre-contract to a property sale): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €29 to €29: Our fee 29 €. No fees on the deposit contract: ITP or VAT falls due later, on the final sale, calculated on the full price.. Managora's fee is €35.09, 21% VAT included (€29.00 net + €6.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No fees. ITP or VAT falls due on the final sale, calculated on the full price..

Contrato de arras (deposit contract, the pre-contract to a property sale): how long does it take?

The private document is signed immediately. Typical deadline to complete the sale: 1-4 months.

Contrato de arras (deposit contract, the pre-contract to a property sale): which documents do I need?

You need to have to hand: DNI / NIE / CIF of the buyer and the seller., An up-to-date nota simple for the property (use nota_simple_rp if you do not have one)., The latest IBI bill., If the home is part of a building held in horizontal division: a certificate from the community of owners about any outstanding levies., If the mortgage can be taken over: a bank certificate showing the outstanding capital., Proof of how the deposit is paid (transfer, cheque).. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Documento privado entre las partes (no precisa notario; sí en la compraventa final). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Documento privado entre las partes (no precisa notario; sí en la compraventa final) ↗.

Shall we get started with «Contrato de arras (deposit contract, the pre-contract to a property sale)»?

We file it for you, from start to finish.

Start now →