Anyone buying real estate in Spain for the first time eventually stumbles over a strange word: "Arras." Sounds at first like a tropical bird from South America. Maybe a distant cousin of the toucan – colorful, loud, and hard to catch.
But before you wonder whether your dream home on Mallorca now requires you to brush up on ornithology: no, the "Arras" is not a bird.
So what is this mysterious "Arras"?
In reality, the Arras contract isn't an exotic parrot but a solid pre-contract that the buyer and seller sign once they're on the same page about the deal but still need to settle a few open points – financing, the notary appointment, or whether the pool really has to stay that shade of blue.
So that nobody gets cold feet and suddenly says "ay caramba, no house by the sea after all," the buyer pays a small amount up front – usually 5–10% of the purchase price – to show: I'm serious about this.
This down payment is also called "arras penitenciales," which roughly translates as: "I'm willing to do penance if I change my mind." Sounds dramatic? It is – at least for your bank account.
In short: The Arras contract is a pre-contract with a down payment. If the buyer walks away, the deposit is gone. If the seller walks away, they have to pay back double.
Why the Arras has no feathers but plenty of backbone
Here's the twist: if the buyer pulls out, the money is gone – adiós, beautiful euros. But if the seller gets cold feet, they have to pay back the amount doubled. That's justice with a Spanish accent.
There are, by the way, several types of Arras – a bit like with birds. But most private sales in Spain use the "arras penitenciales" variant. Other variants are legally a little more… flighty.
"The Arras doesn't chirp – but it counts." – Stephan Elders, Marketing & Strategy
Bottom line: not a songbird, but a clear note
The Arras is less of a parrot than an insurance mechanism with Mallorcan warmth. It makes sure your dream of a home under palm trees doesn't simply fly away just because someone suddenly gets cold feet or loses their heart to another offer.
So no fear of the Arras – you don't need a bird net, just a good contract (and maybe a lawyer with a sense of humor).
Your Buena Vista Crew.
Want to discuss the Arras contract for your property?
We'll walk through the clauses with you, honestly and calmly – before you sign.





