Where buyers get caught out
An arras contract is binding. Under the usual penitential arras, if you withdraw for a reason the contract does not cover, you lose the deposit, typically around 10% of the price. With Ibiza prices, that can be a very large sum, and most seller-drafted contracts include no condition for the buyer's checks.
What we look for
| Clause | The question | Typical fix |
|---|---|---|
| Type of arras | Can either party walk away, and at what cost? | Choose the type that matches your plan |
| Conditions | Is the deposit refundable if checks or mortgage fail? | Due diligence and finance conditions |
| Description | Does it match registry, Cadastre and reality? | List every building, annex and parking space |
| Licences and rental | Does the seller guarantee licences and the rental licence? | Warranties, retentions, essential conditions |
| Completion date | Can you realistically meet it? | Date linked to NIE, mortgage and checks |
| Deposit | Who holds it and when is it released? | Clear instructions, verified account |
| Non-resident seller | Is the 3% retention provided for? | Retention clause |
Reservation documents
Before the arras contract many agents ask for a reservation fee. The reservation should say that the fee is refundable if the checks show a problem, how long it lasts and whether it counts towards the price. We review it the same way.
How the review works
- Send us the draft, the listing and the agent's information by email or WhatsApp.
- We obtain the Land Registry extract to confirm the owner and any charges.
- You receive a written review explaining each clause and what to change.
- If you wish, we negotiate the changes and agree the final text.
- If you go ahead, we continue with due diligence and the purchase.
If you have already signed
A review is still useful: we tell you your rights and deadlines, whether a condition allows you to withdraw and what to check before completion. If the seller breaches, we explain how to recover double the deposit or demand completion. See property disputes in Ibiza.
For sellers too
We review arras contracts for sellers so that the buyer's conditions are reasonable and the completion date firm. See selling property in Ibiza. Ibiza.law is part of Castell.law.
Before you sign or pay, ask a lawyer
Send us the document, the listing or a short summary of the problem. A lawyer will tell you what matters, what it could cost you and what to do next.
Questions about arras contracts in Ibiza
How quickly can you review an arras contract?
Usually within one or two working days. If the agent has given you a short deadline, tell us when you send it.
Is my deposit lost if the mortgage is refused?
Only if the contract says nothing about it. With a finance condition the deposit can be refunded if the bank refuses the loan.
Can the seller refuse my changes?
Yes, but most accept reasonable conditions. If a seller refuses any protection, that is important information before paying.
The contract is in Spanish. Is that a problem?
We explain it in English or German and can ask for a bilingual version that states which language prevails.