The Spanish sale
Reserva, arras, escritura: keeping a Spanish sale on track
A sale in Spain moves through three documents, each with its own deadline and papers. Where deals stall, and how to see it coming.
Three steps, three moments of risk
Most sales on Mallorca pass through the same three steps: a reservation that takes the home off the market, a private contract with a deposit, and the public deed signed before a notary. Each step has its own paperwork, and each is a moment where a sale can quietly stall.
The reserva
A short agreement and a small deposit take the property off the market while the buyer's lawyer checks it. It buys time, which is exactly why it needs an end date. A reserva without a clear deadline is an open door for both sides to hesitate.
The arras
The contrato de arras is the private purchase agreement, usually with a deposit of around ten per cent. In its most common form, the penitential arras, a buyer who walks away loses the deposit, and a seller who walks away returns it twice over. It sets the date for completion, and from here the papers set the pace: the nota simple from the land registry, the energy certificate, the habitability certificate where it applies, and the buyer's NIE and financing.
The escritura
The deed is signed before a notary, the rest of the price is paid and the keys change hands. Then the sale is registered. Every paper the arras promised has to be ready on the day, and the notary will not wait for the one that is missing.
Seeing it coming
Sales rarely fall apart at the notary. They fall apart weeks earlier, when a certificate is not ordered or a buyer's bank goes quiet. Keeping each sale on its step, with its deadline and its list of papers, turns those weeks into a list of things to chase instead of a surprise.
This is a general overview, not legal advice. The terms of each contract are set by the buyer's and the seller's lawyers.
