Deposit agreement in Cambrils: the errors that could cost you thousands of euros in 2026

The deposit agreement (contrato de arras) is one of the most critical and, paradoxically, most undervalued documents in a real estate transaction. In the Costa Daurada market, where timeframes are fast-paced and competition for choice properties is high, many purchasers sign the deposit agreement without thorough review. This error can literally cost between €10,000 and €30,000.

In recent months, we have managed several cases in Cambrils and Tarragona where our clients lost their security deposit or found themselves trapped in problematic transactions as a result of signing a poorly drafted contract. This article explains what you must review before appending your signature.

What are earnest money deposits (arras penitenciales)?

Earnest money deposits (arras penitenciales) are regulated by Article 1454 of the Civil Code: if the purchaser withdraws, they forfeit the deposit paid (typically 10% of the purchase price). If the vendor defaults, they must return double the amount. However, another type exists, the confirmatory deposit (arras confirmatorias), where default is resolved through damages, without an automatic penalty. If the contract does not specify the type, a court may deem it confirmatory, leaving you without the protection of the double penalty.

Error 1: Failure to specify the type of deposit

A contract that merely states 'delivery of a deposit of €15,000' without expressly characterizing it as "penitenciales" can leave the purchaser without real protection should the vendor decide to default. Always demand that the contract explicitly state: "The present deposit has the character of earnest money (arras penitenciales) pursuant to Article 1454 of the Civil Code."

Error 2: Execution periods that are too short or indefinite

The deposit agreement must establish a deadline for the execution of the public deed. Periods of less than 60 days can be problematic if you require mortgage financing (banks typically take between 6 and 10 weeks to approve and formalize a mortgage). Indefinite periods such as "as soon as the purchaser obtains financing" are a source of conflict.

Error 3: Failing to verify encumbrances prior to signing

The deposit agreement is signed prior to the deed, but that does not mean it should be signed without having reviewed the Land Registry. We have seen cases of properties with uncancelled mortgages, embargoes, or easements that the vendor "forgot" to mention. A land registry search certificate (nota simple) (cost: approximately €10, time: 24h) can save you from a major issue.

Error 4: Omission of the financing condition precedent

If you are purchasing with a mortgage, the contract must include a clause allowing you to terminate the agreement without penalty in the event that the bank denies the loan. Without this clause, if the bank refuses, you forfeit the deposit.

Error 5: Confusing the deed price with the actual price

In Costa Daurada, proposals for 'under-the-table' payments still circulate. In addition to being illegal and carrying criminal consequences, they place you in a highly vulnerable position: if the vendor defaults, you will only be entitled to claim the amount declared in the deed, not the total sum paid.

At Bufet Trujillo, we review your deposit agreement before you sign it. A prior analysis costs significantly less than recovering a lost deposit or litigating against a defaulting vendor. Call us on +34 977 36 80 81 or visit us in Cambrils.