What it is
The most common form of arras in Spanish property transactions. If the buyer withdraws, they forfeit the deposit. If the seller withdraws, they must return double the deposit. Governed by Article 1454 of the Spanish Civil Code. This is a core term in the Costa del Sol property purchase process and one buyers frequently encounter during due diligence.
Why it matters for international buyers
Understanding Arras penitenciales is part of the standard due diligence framework for any foreign buyer purchasing on the Costa del Sol. A Spanish property lawyer (abogado) will handle the mechanics, but buyers who understand the term can ask better questions and interpret advice more accurately.
This entry is reviewed by the Listyco editorial team. It is not legal advice; instruct a Spanish lawyer for your specific position. Last reviewed April 2026.