Is it legally mandatory to pay exactly 10% in Spain?

No. There is no legal minimum or maximum. The deposit amount is fully negotiable between buyer and seller and is deducted from the final sale price at notary.

What happens to the deposit money paid?

It is considered a down payment. When the final deed is signed before the notary, this amount is deducted from the final price you pay to the seller.

How much deposit is normal for a contrato de arras?

Paying the deposit (arras) commits your capital before signing at the notary. What is the standard market practice?

General information. Not legal advice.

1. The standard market percentage

In Spain, the standard deposit size is typically between 5% and 15% of the total purchase price, with 10% being the most common and accepted amount in practice.

2. Risks of paying too little

While the amount is negotiable, an extremely low deposit (e.g., €1,000) makes it cheap for the seller to breach the contract and sell to someone else offering more, even after paying you double.

3. Paying the deposit in two steps

Often, a buyer pays a small initial reservation fee (e.g., €2,000) upon making the offer, and pays the remainder of the 10% when signing the formal arras contract.

Frequently asked questions

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