If you’re buying a property in Jávea, you’ll probably come across three important terms during the process: reserva, contrato de arras and escritura. Each relates to a different stage of the purchase, and understanding what happens at each one can help you feel more confident as you move towards owning your new home in Spain.
Once you’ve found the property you want to buy, the first step may be to sign a reservation agreement (reserva) and pay a deposit.
The purpose is usually to secure the property for an agreed period while you make the necessary arrangements. This might include speaking to your lawyer, arranging a survey or starting the mortgage application process. Depending on the agreement, the seller will generally take the property off the market during this period.
Before paying a deposit, make sure you understand the terms of the reservation agreement, including how long the property will be reserved and what happens if the purchase does not go ahead.
The conditions can vary, so don’t assume that your deposit will automatically be returned if you change your mind or that it will always be lost if the sale falls through.
If you’re unsure about any part of the agreement, ask an independent lawyer to review it before you sign.
The next stage is often the contrato de arras, a private contract between the buyer and seller that sets out the terms of the sale.
It normally includes the agreed purchase price, the deadline for completion, the deposit paid towards the purchase and any specific conditions agreed between the parties. It should also explain what happens if the sale does not go ahead.
The deposit is often around 10% of the purchase price, although the amount can vary depending on the agreement.
This is an important stage because signing the contract can have significant legal and financial consequences. Before committing, make sure you understand the deadlines, your obligations and what happens if either party withdraws.
We always recommend having an independent lawyer review the agreement before signing. It’s much better to clarify any questions at this stage than to encounter unexpected problems later.
The final stage is signing the escritura pública de compraventa (public deed of sale) before a notary. This is a key step in formalising the property transaction.
By this point, the buyer and seller should have made the necessary preparations. The buyer needs to ensure that the funds are available, while both parties should have checked the relevant documentation and confirmed that the agreed conditions have been met.
We also recommend arranging a pre-notary visit to the property. This gives you the opportunity to check that everything is as agreed before completing the purchase.
During the visit, check that:
If anything is not as expected, raise it before signing so that the parties can discuss how to resolve it.
At the notary’s office, the buyer and seller sign the escritura pública de compraventa. The notary carries out the checks required by law and ensures that the deed is properly formalised.
The outstanding balance is paid according to the agreed arrangements. The handover of the keys and possession of the property are coordinated as part of the completion process.
Once the transaction has been completed and the agreed handover has taken place, you can collect the keys to your new home.
After signing, the deed can be submitted to the Land Registry (Registro de la Propiedad), together with the necessary documentation and evidence of the relevant tax formalities.
Registration records the ownership in the public register and provides important legal protection. The paperwork may be submitted electronically by the notary or handled through another agreed arrangement.
Your lawyer or notary can explain the steps involved and help ensure that the necessary formalities are completed.
Buying a property in Spain involves more than agreeing on a price and collecting the keys. Each stage has its own paperwork, deadlines and commitments, but understanding the process can make the experience much more straightforward.
As a local estate agent in Jávea, I always encourage buyers to ask questions, understand what they’re signing and seek independent legal advice before committing to an agreement.
A little preparation and the right professional advice can make all the difference, helping you move towards your new home with greater confidence and peace of mind.