Skip to main content

Lawyer
Deposit Agreement

The deposit contract is the key piece that seals this initial commitment, but an error in its drafting can turn your dream into a nightmare.

Marbella

Where we’ve been featured in the media

Medio Sur

What is a deposit agreement and How can we help you?

The arras contract is a private agreement between the buyer and seller prior to the public deed. In it, you commit to buying (or selling) the property within a specific timeframe and at a set price, by handing over a sum of money as a deposit.

Our work in FA Lawyers it's to be your legal shield. We review, negotiate, and draft a tailored contract for you, avoiding abusive clauses and ensuring every detail benefits you, whether you are a buyer or a seller. We will guide you so that you perfectly understand what you are signing, whether it's a A/an earnest money contract, which allows you to withdraw from the agreement, or a Confirmatory earnest money agreement, which reinforces the sale and purchase obligation.

Benefits of having a Solicitor for the deposit on your home

Hiring a specialist isn't an expense, it's the best investment for your peace of mind.

  1. Total protection of your money: We made sure to include key clauses, such as the one that allows you to Return of the deposit due to failure to grant a mortgage. If the bank denies your loan, you will get your deposit back without penalty.

  2. Negotiate in your favour We defend your interests by negotiating the The time between the initial deposit agreement and the final deed of sale, the deposit amount and other conditions to suit your needs.

  3. Avoid surprises and hidden costs: We analyse the legal situation of the property (charges, debts, etc.) before signing, ensuring you do not inherit problems from the previous owner.

  4. Clarity and no small print We explain the implications of each type of contract simply, especially in a Private purchase agreement, where there is no estate agent in between.

  5. Troubleshooting ¿The estate agent is not returning your deposit. Or has the seller backed out? We act immediately to defend your rights and recover what is yours.

Real case in Marbella

Recently, we helped a couple who were about to sign a preliminary contract without a mortgage denial clause. Thanks to our intervention, we included it. Weeks later, the bank denied them the loan, but they were able to recover the full €15,000 they had paid upfront. In another case, we represented a seller whose buyer pulled out without justification; we managed to ensure our client received the compensation agreed upon in the penalty clause of the preliminary contract.

Frequently Asked Questions about the Deposit Contract

Is it compulsory to hire a solicitor to buy a house?

It is not legally obligatory, but it is highly recommended. A solicitor is the only professional who will exclusively defend your interests. Neither the estate agent nor the notary fulfil that role.

The lawyer reviews the deposit contract for the following:

We review the price, deadlines, property description, division of expenses, penalties for non-compliance, and ensure there are no clauses that put you at a disadvantage.

How much will the service cost me?

Our fees are transparent and based on the complexity of the operation. They offer an invaluable return on investment in security and peace of mind. Ask us for a firm, no-obligation quote.

Is it safe to buy or sell a property between private individuals?

Yes, provided it’s done with the appropriate safeguards. Our role in a private property sale is fundamental to drafting solid contracts and ensuring the process complies with all current legislation.


Abogados Contrato de Arras FA Abogados

FA Lawyers

+34 604 154 580
Av. Ricardo Soriano, 22, Pl. 3, Oficina 2, Málaga

Legal


Where is our
Law Firm?

We're in the center of Marbella, with easy access and parking right in front of the office.

Parking

Parking in front of the office.

Phone


Mon–Fri 9 AM – 6 PM
Sat–Sun Closed
Ricardo Soriano Avenue, 22, 3rd Floor, Office 2
29601 Marbella
Malaga