29/05/2026
You signed the arras contract the same day you visited the property.
Weeks later: structural problems.
You want out.
The agency keeps your 10%.
Legally.
Here is how that looks in practice.
Property: €400,000.
Arras deposit: €40,000.
Money lost in one signature: €40,000.
Arras penitenciales (Art. 1454 Código Civil):
You walk away: you lose the deposit.
Seller walks away: they pay you double.
No exceptions.
The clause nobody reads:
“The buyer accepts the property in its current condition.”
Standard in most agency contracts.
Once signed: anything you discover after is your problem.
Before you pay a single euro or sign anything:
→ Legal review of every document the agency puts in front of you
→ Due diligence on the property: ownership, charges, debts, urban planning
→ Structural inspection by an independent professional
→ Confirmation that what you are signing matches what you were verbally promised
The agency works for the seller.
Not for you.
We work with foreign buyers in Spain every day to make sure none of these traps catch them off guard. The review happens before the pressure to sign. Before the “other buyers are interested.” Before anything moves.
Questions about your purchase in Spain?
Book a consultation. Link in bio.