PROPERTY PURCHASE AND SALE · EU RESIDENTS
Reviewing a purchase or arras contract
The deposit and conditions in an arras agreement can shape the entire purchase. A review before signing helps you understand your commitments and the consequences if the transaction does not proceed.
THE STEPS INVOLVED
From initial review
to practical completion.
Understanding the commitment
The word arras does not by itself establish what happens if a party withdraws. We read the full agreement to identify the legal nature of the deposit and each party’s obligations.
Discuss your situationDefining the conditions
We examine deadlines, financing, missing documents, discharge of charges and delivery of the property. Any protection you rely on should be clearly included in the written agreement.
Discuss your situationChecking payment arrangements
The recipient, destination account and conditions for holding or returning funds should be clear. We seek appropriate changes before payment and retain evidence of the agreed terms.
Discuss your situationResponding to a problem
If a party delays or refuses to complete, we review the contract and correspondence. A written extension, enforcement request or termination may be appropriate, depending on the facts and your objectives.
Discuss your situationINITIAL DOCUMENTS
A clear starting point
for your case.
You do not need a complete file to get started. After an initial review, we explain which documents are still needed.
- Complete agreement and annexes
- Proof of deposits paid
- Correspondence with seller or agent
- Completion deadline and funding details
EU RESIDENTS AND SPAIN
For clients resident in the EU
Your country of residence, nationality and family circumstances may point to different legal and tax requirements. We establish the facts and coordinate your Spanish matter with the relevant advisers.
- Prepare your identity, address and matrimonial or partnership documents from the country concerned. EU residence does not make every foreign document automatically usable in Spain.
- Arrange evidence of funds and financing early. A cross-border bank transfer does not replace the Spanish bank’s and notary’s source-of-funds checks.
- Tell us whether you live in Spain or another EU country. Ownership, immigration status and tax residence are separate questions.
- We provide the Spanish completion and tax documents for your adviser in your country of tax residence.
FREQUENTLY ASKED QUESTIONS
What you may want
to know before acting.
Can I always claim double my deposit?
No. The result depends on the type of arras, the agreed clauses and the circumstances. That remedy does not automatically apply to every reservation.
Is a mortgage condition automatic?
No. If financing protection is needed, it should be negotiated and drafted before you commit.
Can you help if I have already signed?
Yes. A review can identify your existing obligations and remaining options. Send the documents promptly if a deadline is approaching.
Does EU residence replace the Spanish purchase checks?
No. We still examine the property and the individual documents. Residence, nationality, the source of funds and any authorisation requirements are separate matters.
Will you work with my adviser abroad?
Yes, where appropriate and with your agreement. We coordinate the Spanish documents and steps with your own qualified adviser, who remains responsible for advice and filings in their jurisdiction.
LET’S DISCUSS YOUR CASE
Would you like us to review your situation?
Tell us about your plans or concerns. We will connect you with the appropriate specialist in our team in Spain.
Send us your question through the contact form. We will connect you with the right specialist.
Go to the contact formThis is general information, to be applied to your circumstances and the rules in force. Sirejacob Legal & Tax advises on your matter in Spain. Foreign law and overseas filings are handled, where needed, with your own qualified adviser.