Buyer Protection · Practical Checklist
The essential documents, contract protections and payment checks an international buyer should address before transferring a reservation fee or arras deposit.
A reservation agreement commonly removes the property from the market for a limited period while initial checks are carried out. A contrato de arras is normally a more developed private agreement and may have significant withdrawal consequences. The legal effect depends on the drafting, not merely the heading of the document.
Do not rely on a verbal statement that a payment is “fully refundable”. The contract should identify the specific conditions, deadlines and repayment mechanism in writing. Learn more in our guide to the contrato de arras.
Depending on the transaction, your lawyer may recommend making the agreement conditional on matters such as:
The agreement must identify the recipient and the legal basis on which the money is held. Before transferring funds, independently confirm the bank details using a trusted contact method. Email-account fraud and substituted payment instructions are risks in high-value transactions.
| Document | Why it matters |
|---|---|
| Nota Simple | Shows registered ownership and charges. |
| Cadastral certificate | Helps compare the physical and tax description. |
| IBI receipt | Identifies the property for municipal tax and indicates payment status. |
| Community certificate | Confirms debts and may reveal approved special assessments. |
| Planning and building records | Help establish whether construction and alterations are legally authorised. |
| Occupancy documentation | Relevant to lawful occupation, services and local requirements. |
| Energy certificate | Generally required in residential sale transactions, subject to exceptions. |
| Seller identification and authority | Confirms who is entitled to enter into the agreement. |
Connect with an English-speaking property lawyer who can review the documents, investigate the property and explain your exposure in writing.
No. Refundability depends on the contract wording and the circumstances. The agreement should clearly state the conditions under which the money will be returned or retained.
No universal rule requires every buyer to pay the same percentage at the same stage. The amount and timing are negotiated, although a larger payment is commonly associated with the private purchase agreement.
In many cases documents can be signed remotely, but the form, identity checks and authority required depend on the document and transaction. Your lawyer should confirm the appropriate method.
Ideally the key checks should be completed first. If commercial circumstances require an earlier reservation, the written agreement should contain protections approved by your independent lawyer.